Back
TASHI RABSTAN, M. A. CHOWDHARY
Shazia Akhter, D/o. Mohammad Ramzan Sheikh – Appellant
Versus
Union Territory of Jammu & Kashmir, Through Commissioner-cum-Secretary to Government, Social Welfare Department, Civil Secretariat – Respondent
JUDGMENT :
M.A. Chowdhary, J.
1. Through the medium of the instant intra Court appeal, the Appellant has assailed the Judgment dated 9th of September, 2022 passed by the learned Writ Court in the Writ Petition filed by her bearing SWP No. 1960/2016 titled ‘Mst. Shazia Akhtar v. State of J&K and Ors.’
2. Before we advert to the grounds urged by the Appellant in relation to the aforesaid impugned Judgment, it shall be advantageous to take note of the material facts of the case leading to the filing of the present appeal, hereinbelow.
3. The Appellant claims to have been engaged as an Anganwadi Worker in Doligund Masjid Mohalla, Sheikh Mohalla, District Baramulla in terms of Order No. CDPO/Rf/Esstt/11/51-54-A dated 23rd of August, 2011; that the Appellant submitted her joining report before the concerned authority on 24th of August, 2011 and has been regularly discharging her duties as such since then; that the said selection/engagement of the Appellant came to be challenged by one Tasleema Bano/Respondent No.7 herein through the medium of Writ Petition bearing SWP No. 2368/2011, which was disposed of vide Order dated 25th of August, 2016, with a direction to the Deputy Commissioner,
: Observance of doctrine of amity and comity of Courts is a part of Judicial Decorum.
The main legal point established in the judgment is the application of natural justice principles, specifically the rule that 'no man shall be a judge of his own cause' and 'no man can be at once sui....
The court upheld the termination of an Anganwadi Worker based on valid grounds, emphasizing the importance of adherence to government guidelines and the unsuitability of disputed facts for writ juris....
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 notic....
The court emphasized the right to livelihood under Article 21, affirming that administrative decisions must consider valid evidence and cannot disregard established facts that support eligibility.
The court emphasized that adherence to specific geographic eligibility criteria is essential for engagement under government schemes, and errors in defining service areas can invalidate selections.
The main legal point established in the judgment is the significance of the survey report and resident certificate in determining the residency of a candidate for selection, emphasizing the normal re....
Point of Law : Anganwadi worker - Appellate Authority has not referred to even a single document or material that would even prima facie suggest that the petitioner was not residing in Mukdam Mohalla....
Writ of certiorari does not permit re-evaluation of evidence but ensures adherence to natural justice; findings of fact can only be overturned if shown to lack basis.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
