Important Point – An act uninformed by reason is per se arbitrary.

1. Since common questions of facts and law are involved in all these petitions, therefore, I deem it proper to decide these petitions by this common judgment.

2. Through the medium of these petitions, the petitioners in all these petitions are seeking quashing of Order No.13-SMD of 2015 dated 22.04.2015 issued by Mission Director, ICDS, J&K, respondent No.3 in SWP No.1222/2015, whereby engagements of all stop gap/adhoc Anganwadi Workers and Helpers have been terminated with immediate effect. The petitoners are also seeking a direction to the respondents to allow them to discharge their duties against the posts of Anganwadi Workers and Helpers and also regularize their services on the analogy of similarly situated persons of various other departments of the State Government including the Power Development Department.

3. The facts-in-brief, as projected in these petitions, are that the petitioners being qualified came to be engaged as Anganwadi Workers/Helpers on different dates ranging from 1989 for a specific period and thereafter vide different orders they were allowed to continue till final selection is made by the competent authority. It is averred that the petitioners have been working as such in various Anganwadi Centres. It is further averred that during the period of their engagement, the petitioners were also deputed to undergo various departmental training courses, which they completed successfully. Further, it is averred that although the petitioners were discharging their duties to the best satisfaction of their concerned authorities in maintaining and managing the Anganwadi Centres, yet, all of a sudden, on the last day of Darbar Move when the offices at Jammu were being closed, Mission Director, ICDS, J&K issued Order No.13-SMD of 2015 dated 22.04.2015, impugned herein, terminating the engagements of all stop gap/adhoc Anganwadi Workers and Helpers with immediate effect. Hence, the present writ petitions.

4. Learned counsel appearing for petitioners contended that the petititoners came to be engaged by the competent authorities and the same can in no way be tainted with illegalities. They further contended that without adopting due course of law and following the principles of natural justice, the engagements of all the petitioners have been terminated just with one stroke of pen, which is contrary to the orders of their engagements. They further contended that in respect of all such kinds of engagements made from time to time in various other departments, the State Government has made rules and procedure for regularization of all such appointees, however, in the present case, instead of considering the case of petitioners for regularization of their services against the posts of Anganwadi Workers/Helpers, their engagements have been terminated vide the order impugned. Learned counsel appearing for petitioners further contended that the engagement orders of most of the petitioners were till the regular selection is made by the competent authority, but the respondents without initiating the selection process for regular selection against the said posts, have initiated a move vide the impugned order to replace the petitioners by another set of adhocees as per their likings, which is otherwise not permissible in view of settled legal position as laid down by the Apex Court.

5. Learned counsel for petitioners also contended that the family members of petitioners including their children are dependent on the meager amount of honorarium paid to them; therefore, terminating their engagements at this juncture would mean taking away their means of livelihood, which is otherwise contrary to the mandate of Article 21 of the Constitution of India.

6. Objections have been filed on behalf of respondents insisting therein that petitioners are temporary workers, engaged on honorarium basis and have not been appointed in terms o