Jammu & Kashmir High Court - Srinagar Bench
Nusrat Shakeel vs Mr. Nisar Ahmad Wani & Ors on 26 November, 2019
Author: Chief Justice
Bench: Chief Justice
S.No.3
Advance List
HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
CPSW No. 30/2014
c/w
SWP No. 2160/2013
Nusrat Shakeel
...Petitioner(s)
Through: Mr. Mubashir vice Mr.F.A.Bhat, Advocate.
V/s
Mr. Nisar Ahmad Wani & Ors.
...Respondent(s)
Through: Mr. Feroz Ahmad, Dy.AG.
Coram: HON'BLE THE CHIEF JUSTICE
ORDER
26.11.2019
1. It appears that the statement of facts has been filed by the respondents on 28th May 2014.
2. The petitioner has complained of violation of the interim order dated 7th November 2013, whereby operation of the order dated 5 th October 2013 (impugned in SWP No.2160/2013) was stayed with further direction to maintain status quo as on date till next date of hearing.
3. There is no report as to whether the interim order was continued thereafter or not.
4. Be that as it may, the respondents have pointed out that the advertisement notice dated 16th October 2010 was issued inviting applications for the post of Anganwari Helper under 3 rd Phase and the same was published in the daily newspaper 'Greater Kashmir' on 23 rd October 2010. The applications from the eligible candidates of different localities of Block Wagoora including Waza Mohalla were -2- received. The petitioner also applied before the Block Level Selection Committee for the said post. The Selection Committee, after following the procedure and rules, selected the petitioner as Anganwari Helper and in terms of the order dated 15th November 2011, her engagement order was issued by respondent No.3. The petitioner submitted her joining report on 16th November 2011 against the said engagement.
5. Aggrieved with the selection of the petitioner, private respondent filed an appeal against the appointment of the petitioner before the Deputy Commissioner, Baramulla. The interim order dated 3 rd December 2011 was passed by the Deputy Commissioner, Baramulla in the appeal directing to keep on hold the selection of the petitioner till further orders. Thereafter, respondent No.3-Deputy Commissioner, Baramulla issued the order dated 7th December 2011, whereby appointment order in favour of the petitioner was kept in abeyance. Aggrieved thereof, the petitioner filed the revision petition before the Divisional Commissioner, Kashmir, who disposed of the same on 19th February 2013 with the direction to the Deputy Commissioner, Baramulla to dispose of the appeal within two weeks.
6. The respondents pointed out that the petitioner also approached this Court by way of writ petition bearing SWP No. 315/2013 which was disposed of by the order dated 12th March 2013 directing the Deputy Commissioner, Baramulla to dispose of the appeal within two weeks' time.
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7. In compliance with the orders of this Court and the Divisional Commissioner, Kashmir, the Deputy Commissioner, Baramulla heard the petitioner as well as the private respondent.
8. Based on the submissions made by the parties and on spot verification report submitted by the team of officers, gave its decision on 5th October 2013, whereby the engagement of the petitioner was set aside with further direction to the DPO, Baramulla for making selection of genuine candidate, who would be the actual resident of Waza Mohalla in terms of the merit and the rules governing the selection of Anganwari Helper.
9. In view of the order dated 7th November 2013 passed by this Court, the order passed by the Deputy Commissioner, Baramulla dated 5 th October 2013 has not been acted upon by the respondents and no further selection has been affected. The respondents have also disclosed that the petitioner worked on the post of Anganwari Helper from 16th November 2011 to 7th December 2011 only, where-after her appointment was kept in abeyance by respondent No.3 in terms of the interim order dated 3rd December 2011 passed by the Deputy Commissioner Baramulla. With effect from 7th December 2011 the petitioner ceased to hold the post of Anganwari Helper.
10. The order dated 3rd December 2011 passed by the Deputy Commissioner, Baramulla has not been varied, modified or stayed.
11. In view thereof, no contempt is made out against the respondents and the proceedings are accordingly closed.
12. This contempt petition is dismissed as such. -4- SWP No.2160/2013
13. Objections on behalf of the respondents be filed within four weeks.
14. Petitioner shall also be at liberty to file response to the objections of the respondents before next date.
15. List the writ petition before the learned Single Judge as per the roster on 11th February 2020.
(GITA MITTAL) CHIEF JUSTICE Srinagar 26.11.2019 Muzammil. Q MUZAMIL QADIR 2019.11.30 12:05 I attest to the accuracy and integrity of this document