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news details
HC quashes order of termination of stop gap/adhoc Anganwari Workers
5/25/2018 10:23:24 PM
Early Times Report
Jammu, May 25: In a landmark judgment, Justice Tashi Rabstan while deciding 94 petitions seeking quashment of Order No.13-SMD of 2015 dated 22.04.2015 issued by Mission Director, ICDS, J&K, whereby engagements of all stop gap/adhoc Anganwadi Workers and Helpers have been terminated with immediate effect, quashed the Govt Order No.13-SMD of 2015 dated 22.04.2015.
Justice Tashi Rabstan directed respondents to extend the benefit of SRO 520 of 2017 dated 21.12.2017 notifying the Jammu & Kashmir Casual and Other Workers - Regular Engagement Rules, 2017, or for that matter any other Scheme, in favour of petitioners and consider them for regularization of their services against the positions of Anganwadi Workers/Helpers in terms of the eligibility conditions as contained in Rule 4 of Rules of 2017, thereby giving them the effect of regularization from the date each one of them has completed ten years of service as Anganwadi Worker/ Helper.
Justice Tashi Rabstan further observed that it is to be seen here that Jammu & Kashmir Casual and Other Workers - Regular Engagement Rules, 2017 came to be notified in the year 2017 and in terms said rules, all CSLWs engaged upto 17.03.2015 under Clause (a) of Rule 3(i) were to be regularized subject to fulfilling of eligibligy conditions provided in Rule 4 thereof; meaning thereby Order No.384-GAD of 2015 dated 17.03.2015, whereby the engagements/arrangements made by different departments etc. against sanctioned posts were directed to be ceased with immediate effect, were never implemented or given effect to, except the Social Welfare Department, and all such engagements despite passing of said order were allowed to continue till the Rules of 2017 came to be notified, whereby it has been provided to regularize their services subject to fulfilling of eligibility conditions.
Justice Tashi Rabstan further observed that in the background of the Rules of 2017 as also Rules of 1991, petitioners, in present case, have been engaged on ad hoc / stop gap basis. Respondents' stand is that petitioners have not been engaged or appointed in accordance with rules governing the field of engagement of Anganwadi Workers/Helpers. This saying of respondents, pales into insignificance owing to benefits percolating from the Rules of 2017, or for that matter any other welfare Rule or Scheme, invented and devised by the J&K State Government for safety and betterment of such or like workers. With these observations High Court allowed the petitions.
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