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| HC stays disengagement order of Anganwari worker | | |
JAMMU, APRIL 24
Justice Nirmal Singh of J&K High Court, Jammu wing, in a writ petition challenging the disengagement of petitioner as Anganwari worker, issued notice to State of J&K through Commissioner/Secretary Social Welfare, Director Social Welfare Jammu, Program Officer, ICDS Project, Kathua, Child Development Project Officer Kathua, Selection Committee POJCDS Projects, District Kathua, through its Chairman and private respondents and after hearing Advocate Vikram Singh appearing for the petitioner, stayed the operation of impugned orders of March 15 and 16, 2007 and allowed the petitioner to continue as Anganwari worker in Anganwari Center Ward No 6 Kathua till further orders. Court, however, clarified that this is subject to the objections by the other side which shall be filed within two weeks.
While staying the disengagement order of the petitioner, Justice Nirmal Singh observed that the Court is of the opinion that the stand taken by Adv RS Mehta appearing for the private respondent cannot be accepted as on the one hand, it is stated that private respondent was not aware of her selection and on the other it is being stated that the said respondent had been making representations before the concerned authorities. However, without commenting upon this aspect of the matter at this stage, the Court is of the view that once the petitioner, who was the next candidate in the merit list had been engaged due to the non-joining of service by the private respondents within the stipulated period, the services of the petitioner cannot be disengaged without affording her any opportunity of being heard. With these observations Court stayed the impugned orders.
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