Research › Search › Judgment

High Court of Jammu and Kashmir · body

2025 DAILYLAW 3965 (JK)

NEELAM DEVI v. STATE TH.SOCIAL WELFARE DEPTT.AND ORS.

SWP/1837/2010 · 2025-03-06

Rajnesh Oswal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU SWP No. 1837/2010 IA No. 2573/2010 c/w SWP No. 2038/2010 IA No. 99001/2010[D-3541/2010] Neelam Devi …..Appellant(s)/Petitioner(s) Through: Mr. G. S. Thakur, Advocate vs State of J&K and ors. .…. Respondent(s) Through: Mr. Ravinder Gupta, AAG with Ms. Jagmeet Kour, Advocate Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE ORDER 06.03.2025 SWP No. 1837/2010 1. There is dispute with regard to status of the petitioner as to whether she belongs to APL or BPL category and her candidature has been rejected on the ground that she does not belong to BPL category. Mr. G. S. Thakur, learned counsel for the petitioner submits that as the disputed questions of fact are involved, the petitioner be permitted to avail remedy of appeal in terms of Government Order No. 7 SW of 2010 dated 18.01.2010. 2. Accordingly, the present petition is disposed by permitting the petitioner to avail remedy of appeal. In the event, the petitioner approaches the Deputy Commissioner concerned within a period of 30 Serial No. 24 2 SWP No. 1837/2010 c/w SWP No. 2038/2010 days from today, limitation shall not come in the way of the petitioner for getting the disposal of the appeal on merits. 3. Disposed of. SWP No. 2038/2010 4. The provisional selection of the petitioner as Anganwari Helper for Anganwari Centre, Hudda Sarthalkote Ward No. 6 in ICDS Project Arnas was cancelled on the premise that she was not the resident of Ward No. 6 but Ward No. 1. 5. As the disputed questions of fact are involved in the present petition is disposed of by permitting the petitioner to file an appeal in terms of Government Order No. 7 SW of 2010 dated 18.01.2010. In the event appeal is filed within a period as mentioned above, the concerned Deputy Commissioner shall make all possible endeavours to dispose of the appeal, preferably within a period of three months from the date of filing of the same. In the event, the petitioner approaches the Deputy Commissioner concerned within a period of 30 days from today, limitation shall not come in the way of the petitioner for getting the disposal of the appeal on merits. 6. Disposed of. (RAJNESH OSWAL) JUDGE Jammu 06.03.2025 Neha-II NEHA KUMARI 2025.03.06 16:39 I attest to the accuracy and integrity of this document