Promissory estoppel binds State to honor departmental assurance of employment for donated land, preventing unjust enrichment.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs: -

a) Quash the Order No.ICDS/Th/Estt/2024/200-204 dated 07-08-2024 passed by the respondent No.4 by virtue of which the claim of the applicant regarding her engagement as Sangini or Class IV has been rejected in an arbitrary and mechanical manner by referring the Govt order No.75-SW of 2008 dated 05-03-2008, Govt. order No.128-SW of 2008 and Govt order No.222-JK(SWD) of 2022 dated 30- 11-2022 read with Govt order No.103-JK(SWD) of 2023 dated 28-04-2023 and letter No.SWD-ICDS/43/2022 dated 14-08-2023.

b) Directing the respondents to engage the applicant against suitable post of Sangini or against Class-IV post at village Malanoo Goila in the light of judgment passed in SWP No.142/2003 titled Parshotam Lal V/S State of Jammu and Kashmir and Ors. decided on 12-09-2003 reported in SLJ (506) respondents.

c) Commanding the respondents to issue appointment/ engagement letter to the applicant in lieu of the land donation which was owned by the applicant's family i.e. land measuring 04 Marlas falling under Khasra No.183/49 situated at Village Malanoo Goila Tehsil Kahara District Doda.

d) Restraining the respondents from filling up the vacant post of Sangini at village Malanoo Goila till the case of the applicant for her appointment engagement as Sangini at village Malanoo Goila is considered in lieu of the land donation by her family.

e) Any other relief which this Hon'ble Court may deem just and proper in the facts and circumstances of the case be passed in favour of the applicant and against the respondents

2. The facts of the case as averred by the applicant in her pleadings, are as follows: -

a) The applicant, a resident of Village Malanoo Goila, Tehsil Kahara, District Doda, has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985, seeking quashment of Order No. ICDS/Th/Estt/2024/200-204 dated 07.08.2024, whereby her claim for engagement as Sangini (Anganwadi Worker) or alternatively against a Class-IV post has been rejected by the respondent authorities.

b) The case of the applicant, in brief, is that land measuring 04 marlas falling under Khasra No. 183/49 situated at Village Malanoo Goila originally belonged to the family of her great- grandfather-in-law. According to the applicant, the respondent- department approached her family for donation of the said land for construction of an Anganwadi Centre. It is asserted that the land was parted with on an assurance extended by the departmental authorities that one member of the donor family would be provided employment in the department in lieu thereof. Acting on such assurance, the land was allegedly donated without any monetary compensation, and an Anganwadi Centre building was constructed thereupon, which is presently functional.

c) The grievance of the applicant is that despite lapse of considerable time and repeated representations, neither any employment nor any rent or compensation has been provided to her family. It is further contended that a post of Sangini at Anganwadi Centre, Malanoo Goila fell vacant in the year 2023, yet the respondents initiated steps to fill up the said post through fresh advertisement, ignoring the claim of the applicant, which according to her, is founded upon the doctrine of promissory estoppel.

d) Aggrieved by inaction, the applicant earlier approached this Tribunal by filing O.A. No. 61/684/2024, which was disposed of with a direction to the respond