The main legal point established in the judgment is the importance of considering the specific rules and regulations governing the seniority of public service employees, and the impact of the state-specific regulations on the interpretation and application of legal precedents.

1. Whether a candidate engaged as Anganwadi Worker against a leave arrangement and after discharging her duties as such for some time and thereafter transferred/regularized against a clear Anganwadi position, has a right to get her seniority reckoned from the date of her initial engagement against leave arrangement, is the issue involved in the present Letters Patent Appeal. The controversy arises in the following factual background mapped out in the next para.

2. Syeda Showkat Ara - respondent No. 8 in the appeal was vide order No. ICDS/Breng/Estt/64-66 dated 2.7.1990 engaged as Anganwadi Worker in the Anganwadi Center Noorpora for a period of two months against leave vacancy of one Ms. Rozi. She was allowed to continue for a further period of two months and her terms as such extended from time to time till she, as per her claim, was engaged vide order No. ICDS/Breng/Estt/10-23 dated 3.2.1991 as Anganwadi Worker against a migrant vacancy of Ms. Koushalya in Anganwadi Center Noorpora. She continued as such from 4.4.1991 till 31.7.1992. She was vide order No. ICDS/B/Camp dated 1.8.1992 transferred against a clear vacancy vacated by Ms. Amira Jan.

3. The Programme Officer ICDS Anantnag issued a seniority list of Anganwadi Workers wherein date of engagement of respondent No.8 against leave arrangement, was shown as the date of her initial engagement. She was thereafter vide order No. 567/DSW of 2005 dated 17.8.2005 promoted as Supervisor.

4. The District Social Welfare Officer some time after the promotion order dated 17.08.2005 was issued in favour of respondent No.8, realized that the respondent's seniority was not to be reckoned w.e.f the date of her initial engagement against leave arrangement and she did not have a right to be placed at Sr. No.13 in the seniority list. Her promotion order was accordingly cancelled on 26.8.2005.

5. The respondent No. 8 questioned the order whereby her promotion was cancelled in a writ petition being SWP No. 1017 of 2005. The petition was disposed of with a direction to Director Social Welfare to accord consideration to the representation claimed to have been filed by her, voicing her grievances. Director Social Welfare in compliance of the writ court order dated 6.6.2008 accorded consideration to the representation and directed that respondent No.8's seniority be reckoned w.e.f 01.08.1992 i.e the date she was transferred vide order No. ICDS/D/Camp dated 1.8.1992 against a clear vacancy that had become available due to resignation of one Mst. Amira Jan.

6. Syeda Showkat Ara questioned the consideration order in a writ petition being SWP No.933/2007. She insisted that her seniority was erroneously fixed w.e.f 1.8.1992 and that her seniority deserved to be fixed w.e.f 3.2.1991 i.e. the date she was asked to work against a migrant vacancy. The writ petition was opposed by the respondents in the writ petition on the ground that respondent No.8 was working against a leave arrangement w.e.f 2.7.1990 to 1.8.1992, and her seniority could not be reckoned from the date earlier to 1.8.1992.

7. The writ court disposed of the writ petition vide judgment dated 6.6.2008 directing the respondents to re-examine/reconsider her case giving her seniority right from her initial appointment against the leave vacancy from 2.7.1990 to 01.08.1992 unless there was a break in her service during the said period. The writ court took a view that Anganwadi Worker does not hold a civil post and therefore once the Anganwadi Worker position becomes available because of transfer, leave or migration any substitute engaged against such position would get seniority from the date she occupied the position. Ld. Writ court placed reliance on law laid down in State of Karnataka v. Amir Bi (2006) 13 SCALE 319.

8. Under Secretary to Government, Social Welfare Department as a sequel to the judgment addressed communication No. SW/OCDS/19 dated 15.10.2010 to Director Social Welfare Department Jammu/Kashmir, inter alia directing