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2023 Supreme(J&K) 39

JAVED IQBAL WANI
Syeda Nazir – Appellant
Versus
State of Jammu and Kashmir – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: M.Y. Bhat, Anees-ul-Islam, Momin Khan, M. Ashraf Wani, Sheikh Manzoor, Gulzar Ahmad Bhat.
For the Respondents: Jahangir Iqbal Ganai, Maha Majeed, T.H. Khawja, Sheikh Feroz, Azhar-ul-Amin.

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

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