1995 Supreme(J&K) 41
V.K.GUPTA
Surekha Devi – Appellant
Versus
State – Respondent
Advocates Appeared:
Advocate For Appellant: Suresh Katyal
Advocate For Respondent: Seema Sheikher
The dispute in this petition, primarily and mainly revolves around the status of the petitioner as Anganwadi Worker in an ICDS approved scheme where functionaries in the projects run by the ICDS expenditure are posted in Anganwadis. Anganwadi worker is one of the functionaries posted and constituting the group of other functionaries working in an Anganvadi in either an urban or a rural project constituted under the ICDS scheme. The petitioner submits that she is a civil servant, protected under Article 311 of the Constitution of India therefore, once she got appointed on this post, her rights vested in her under Article 311 of the Constitution came to be operative and, therefore, her services cannot be terminated except in accordance with the procedure provided for and prescribed under the aforesaid Article. Respondents deny the petitioners claim and submit that she did not hold a civil post and that her appointment at best could be termed either as a honorary one or contractual basis and that it could be terminated without assigning any reason/or without following any procedure prescribed under law.
The facts are not disputed. The petitioner came to be appointed as an Anganwadi Wor
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