The seniority of Anganwadi Workers, particularly for promotion to the post of Supervisor, is determined based on their educational qualifications and the relevant rules and judgments.

1. The issues involved in this writ petition being identical they are taken up for final disposal together.

2. The admitted fact position in this case is that Respondent No. 6-Farida Akhter (writ petitioner in SWP No. 1237/2014), at the time of her engagement as Anganwadi Worker, was 8th class pass. She attained matriculation qualification in the year 1986. It is further admitted fact that Mehmooda Akhter-writ petitioner in SWP No. 1743/2014 was appointed as Anganwadi Worker when she was already a matriculate in the year 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.

3. The claim of the learned counsel for the petitioner in SWP No. 1743/2014-Mehmooda Akhter is that the case of the petitioner is governed by the judgment of the Court passed in batch of writ petitions with lead case SWP No. 164/2014 decided on 06.08.2015. Learned counsel produced copy of the judgment which is taken on record.

4. In this decision, the Court, while making reference to SRO 16 dated 28th January, 2004, mentioned that those Matriculate Anganwadi Workers, who during their service attained qualification of graduation, will figure in the seniority of the Graduate Anganwadi Workers from the date of obtaining of such degree. It is further stated in the said judgment that rule itself has created two classes of Anganwadi Workers, viz. Graduate Anganwadi Workers and Matriculate Anganwadi Workers. It is further stated that seniority of Matriculate Anganwadi Workers, thus, will not relate back to the date of their engagement as Matriculate Anganwadi Workers after obtaining the degree of graduation.

5. This judgment of the Court is based on law laid down by the Hon’ble Supreme Court in case titled Shailandra Dania and Ors v. S.P.Dauybey and Ors. decided on 17th April, 2007 in Appeal (Civil)2219-2222 of 2002.

6. Learned counsel for the respondents, while referring to rule 9 of Jammu & Kashmir Social Welfare (Non-Gazetted) Service Recruitment Rules, 1991, submitted that seniority of the members of the service has to be regulated under Jammu & Kashmir Civil Service (Control and Appeal) Rules, 1956. Learned counsel submitted that Farida Akhter-respondent No. 6, though, initially middle pass having been appointed prior in time as Anganwadi Worker to that of petitioner-Mehmooda Akhter, has to figure senior to her in the seniority list of Matriculate Anganwadi Workers and has prior right of consideration for appointment on the post of Supervisor. Learned counsel submitted that mere passing of matriculation examination at the latter point of time will not change the seniority position of the Farida Akhter-respondent No. 6. Learned counsel in this behalf referred to and relied upon the judgment of the Court titled Nirmal Singh Bali and Ors v. Mohd Yousuf, reported in 2012(II) SLJ 343.

7. In terms of Schedule -VI attached to Rules of 1991, the post of Supervisor is to be filled up 50% by direct recruitment and 25% posts have been reserved for selection to the post of Supervisor amongst the Anganwadi Workers who have rendered 5 years service as such and are graduates and further 25% have been reserved for selection from amongst Matriculate Anganwadi Workers who have rendered not less than 10 years service as such.

8. The Rules of 1991 in itself have created 3 classes for filling up the posts of Supervisors viz. 50% by direct recruitment from amongst the candidates who are graduate with training in Anganwadi Course, 25% of posts are to be filled up from amongst the Anganwadi Workers who are graduates and have rendered 5 years service as such. Further 25% posts, as already stated, are to be filled up from amongst Anganwadi Workers who are matriculate and have rendered not less than 10 years service as such. The rule itself has provided that it is the matriculate Angnawadi Worker who is eligible for being considered for promotion on the post of Supervi