Allow Cookies!
By using our website, you agree to the use of cookies
On 17th September that is Thursday, the Jammu & Kashmir High Court ruled that the civil post is not held by Anganwadi workers as they do not come in the purview of Section 14 of the CAT Act and jurisdiction is not there for Tribunal to entertain their petition.
The plea was heard by the Single Bench of Ali Mohammad Magrey. The petition was related to recruitment as an Anganwadi worker. When the High Court heard the petition it was considering if transfer to the Central Administrative Tribunal was needed or not.
Anganwadi helpers neither constitute a service nor hold civil posts were submitted by the Counsel for the Petitioner. It was argued that recruitment or any matter related to recruitment or even service matter would not fall under the purview of provisions under Chapters III and V of the Administrative Tribunals Act, especially Sections 14, 15, 28, and 29 thereof and so keeping the above argument in mind, the petition cannot be entertained by the Tribunal as it does not have the jurisdiction.
The High Court while relying on the judgment in the case of State of Assam v. Kanak Chandra Dutta observed that schemes which are not in permanent nature but appointments were made and although for a long time the appointees may have continued still they do not hold a civil post.
The Court said that they have the jurisdiction to entertain the petition which included this petition, as a Court of the first instance concerning recruitments and the matters which were concerning the recruitment of Anganwadi workers, so this petition need not be transferred to the tribunal.
To issue an engagement order in ward-13 for the post of Aganwadi worker upon respondents for its issue was stressed by the petitioner. This was pending for three years. The final hearing was listed by the Court on 4th November.
86540
103860
630
114
59824