The impugned Clause was found to be contrary to the Rules of 1991 and Rule 24 of CCA Rules of 1956, and the court emphasized that seniority should be determined based on the date of initial appointment.

JUDGMENT :

Javed Iqbal Wani, J.

1. The focal point in these bunch of clubbed petitions is Clause-1 of Government Order No. 76-SW of 2019, dated 28.02.2019 (hereinafter referred to as “impugned Clause”) issued by respondent 1 relating to the selection of Anganwari Workers as Supervisors which reads as under:

“(1) The seniority of the Anganwari Workers, who have acquired higher qualification (Graduation) during service shall be taken from the date of acquiring the higher qualification instead of the date of their initial appointment.”

In some of the petitions the validity of the impugned Clause is questioned and it is being claimed that the seniority of the Graduate Anganwari Workers is to be reckoned from the date of their initial appointment as provided under Rule 24 of the J&K Civil Service (Classification, Control and Appeal) Rules of 1956 [hereinafter referred to as CCA Rules] irrespective of the date of acquiring qualification of Graduation.

In some of the petitions the prayer made by the petitioners is that the respondents be directed to fix the seniority of Graduate Anganwari Workers who did not possess the said Graduation qualification at the time of their engagement but acquired subsequently, from the date they acquired said qualification in conformity with the impugned Clause on the premises that Rule 24 of the CCA Rules has no application in the matter as the “Anganwari Worker” is not a civil post.

In some cases, it is the case set up by the petitioners that the Government order dated 28.02.2019 supra shall have only prospective effect and shall not be applied for changing already fixed seniority having been relied upon for their selection/promotion to the post of Supervisors though on ad hoc basis which should not be affected.”

2. The moot question and the core issue that is required to be determined in these petitions thus is as to whether the seniority of a Graduate Anganwari Worker who acquires qualification of Graduation after engagement as Anganwari Worker is required to be fixed according to the date of initial engagement/appointment as Anganwari Worker as envisaged under Rule 24 of CCA Rules or from the date such Anganwari Worker acquires qualification of Graduation as is provided by the impugned Clause.

3. It is significant to note that the seniority of Graduate Anganwari Workers assumed importance as 50% posts of the Supervisors are required to be filled up from Anganwari Workers. It is further significant to note that “J&K Social Welfare Subordinate Recruitment Rules, 2009 (for short Rules of 2009)” provide that 25% of the posts of Supervisors shall be filled up from amongst the Graduate Anganwari Workers having rendered 5 years of service, and 25% of the posts of Supervisors are to be filled up from amongst the Matriculate Anganwari Workers having 10 years of service.

4. What is revealed is that the Anganwari Workers who did not possess the Graduate qualification at the time of their initial engagement have subsequently improved their qualification and acquired the qualification of Graduation in order to become eligible for promotion to the post of Supervisors after 5 years of service only instead of 10 years of service as is required for Matriculate Anganwari Workers. Such Anganwari Workers claim that their seniority is to be counted from the date of their initial engagement irrespective of their having acquired Graduate qualification subsequently. Those Anganwari Workers who were possessed of the Graduate qualification at the time of engagement as Anganwari Workers or have acquired Graduate qualification much earlier than most of others, claim that their seniority should be fixed on the basis of their engagement or the date of acquisition of Graduate qualification whichever is later.

5. It is pertinent to note here that previously the service conditions of the Non-Gazetted employees of the Social Welfare Department were regulated by “J&K Social Welfare (Non-gazetted) Service Recruitment Rules of 1991.” The said R