The main legal point established in the judgment is the validity of the selection and engagement of Anganwari Workers based on the residency and selection criteria outlined in the advertisement notice.

ORDER :

1. The issues involved in the instant petitions are analogous and akin to each other, as such, the petitions are disposed by this common judgment.

2. Before proceeding to advert to the issues raised in the instant petitions, the brief background of the facts emerging from the record needs to be delineated hereunder:

- The respondent 2 herein being Director, Social Welfare Department, Jammu, J&K issued an advertisement notice bearing No. DSWJ/ICDS/Adv./05/05 dated 17.02.2005 invited applications therein from eligible female candidates for engagement as Anganwari Workers on honorarium basis for Anganwari Centres in different ICDS projects located in Jammu province and following eligibility conditions came to be provided in the advertisement notice:

“Eligibility Conditions:

(i) Minimum educational qualification: Matriculation.

(ii) Age (As on 01.01.2005): Between 21 to 45 years.

(iii) The applicant must be a Permanent Resident of J&K State and should belong to/permanently reside in the Panchayat Halqa or Ward (in the case of towns/cities), where Anganwari Centre is located.”

- Consequently, in District, Poonch, an advertisement notice came to be issued by the Chief Development Project Officer, Buffliaz (for short, ‘CDPO’) inviting applications from eligible candidates for engagement as Anganwari Workers in different Anganwari Centers in District Poonch including for the Anganwari Center Mohalla Bus Stand, Village Chandimarh, Tehsil Surankote, District Poonch.

- Zamruda Akhter-petitioner in SWP No. 2223/2014 as also the Shaheen Akhter-petitioner in SWP No. 413/2019 applied for engagement in the aforesaid Anganwari Centre whereafter Zamruda Akhter came to be selected and engaged in terms of order No. 02 ICDS/Buffliaz/2006 dated 08.02.2006 by the CDPO.

- The Zamruda Akhter continued to work, as such, ever since the date she was engaged till order No. ICDS/B/270-73/10 dated 25.10.2010 came to be issued by the CDPO disengaging her as Anganwari worker and in her place engaged Shaheen Akhter pursuant to the order of Director, Social Welfare Department, Jammu bearing No. DSWJ/ICDS/10229-31/2010 dated 06.10.2010.

- Zamruda Akhter aggrieved of her disengagement and engagement of Shaheen Akhter filed SWP No. 2593/2010 before this Court wherein on 09.11.2010, this Court upon considering the said petition stayed the operation of the orders dated 06.10.2010 and 25.10.2010.

- The aforesaid writ petition came to be disposed of by this Court on 13.12.2013 directing the Deputy Commissioner, Poonch to conduct a detailed enquiry with regard to the residence status of the petitioner (Zamruda Akhter) as it existed at the time of issuance of advertisement notice within a period of one month from the date of receipt of copy of the order associating both the petitioner as well as the private respondent 4 (Shaheen Akhter) in the said enquiry and affording them an opportunity to present their case and to take a decision with regard to the validity or otherwise of the appointment of the petitioner (Zamruda Akhter) on the basis of the result of the enquiry.

- The Deputy Commissioner, Poonch in compliance to the aforesaid order passed by this Court, conducted an enquiry and upon completion of the same issued order dated 15.07.2014 holding that the Zamruda Akhter is not the resident of Ward No. 1, Mohalla Bus Stand, Chandimarh but a resident of Ward No. 10, Mohalla Phallian Chandimarh and Shaheen Akhter is the resident of Ward No. 1 Mohalla, Bus Stand, Chandimarh and on the basis of the said enquiry report, consequently directed the CDPO to pass engagement order in favour of Shaheen Akhter.

- After conclusion of the aforesaid enquiry by the Deputy Commissioner, Poonch dated 15.07.2014, CDPO Buffliaz issued an order bearing ICDS/B/152-54/14 dated 17.07.2014 thereunder engaged Shaheen Akhter as Anganwari worker in question.

3. Zamruda Akhter aggrieved of the enquiry report of the Deputy Commissioner, Poonch has preferred SWP No. 2223/2014 supra calling in