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| In Anganwari, only departmental exam will make one eligible for promotion: HC | | | Early Times Report
Jammu, Nov 14: High court judge Muzaffar Hussain Attar has held that in Anganwari, only departmental examination would make one eligible for promotion to the next post.
The court directive came in a petition filed by one Mehmood in which the admitted fact position was that respondent Farida Akhter (at the time of her engagement as Anganwari worker, was 8th class pass. She passed matriculation in 1986. Mehmooda Akhter was appointed as Anganwadi Worker when she was already a matriculate in 1984. Mehmooda Akhter was selected and appointed as supervisor by treating her senior to Farida Akhter. That order was subsequently kept in abeyance by the authorities.
Justice Attar observed that in terms of Schedule-VI attached to Rules of 1991, the post of supervisor is to be filled up 50 pc by direct recruitment and 25 posts have been reserved for selection to the post of supervisor from amongst the Anganwadi Workers who have rendered 5 years service as such and are graduates and further 25 pc have been reserved for selection from amongst matriculate Anganwadi Workers who have rendered not less than 10 years of service as such.
The Rules of 1991 in itself have created 3 classes for filling up the posts of supervisors. The rule itself has provided that it is the matriculate Angnawadi Worker who is eligible for being considered for promotion to the post of supervisor and undermatric candidate is not entitled for any such consideration. The interse seniority amongst the Anganwadi Workers, who are matriculate, has to be reckoned from the date they obtain matriculation qualification. The service rendered by a candidate as Anganwadi Worker but being not a matriculate would be inconsequential in view of rule itself. Admittedly, the petitioner-Mehmooda Akhter is a matriculate and has been appointed in 1984 as Matriculate Anganwadi Worker, whereas, Farida Akhter, though appointed at earlier point of time as Angnawadi Worker attained the qualification of matric in 1986, thus, is having two years less service as matriculate Anganwadi Worker than that of Mehmooda Akhter who in terms of aforesaid rule position is thus senior to Farida Akhter.
The judge observed that the judgment in Nirmal Singh's case has been decided on its own facts. In that case the basic eligibility qualification for entry into service was same for all the candidates, ie appellants and respondents. The persons would be eligible for being promoted to the next higher post only when they qualify the examination as prescribed by the rules. The appellants though had same eligibility qualification for being appointed to the post but some juniors had qualified the departmental examination earlier than the senior employees. The seniority was to be determined in accordance with Rule 24 of the J&K Civil Service (Control and Appeal) Rules, 1956. The departmental examination would make them only eligible for being promoted to the next post and not make the senior. The legal position in this case is totally different. It is only the matriculate Anganwadi Worker who is eligible for being appointed on the post of supervisor, so service as Anganwadi Worker alone has to be counted for that purpose. With these observations, the court allowed the petition of Mehmooda Akhter. (JNF) |
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