##PAGE1##

Sr. No. 93

HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

Pronounced on 24.12.2025

Uploaded on 29. 12.2025

Case No:- WP(C) No. 15/2022

CM No. 1696/2022

CM No. 60/2022

C/w

WP(C) No. 1991/2021

Reetu Sharma …. Petitioner(s)

Through: Mr. Rajat Watal, Advocate

Vs

UT of J&K and Ors. .…. Respondent(s)

Through: Ms. Pallvi Sharma, Advocate vice

Mr. Ravinder Guipta, AAG

Ms. Monika Thakur, Advocate

Coram: HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE

ORDER

24.12.2025

1. According to the learned counsel for the petitioner, the petitioner herein

claims to have been engaged as Anganwari Helper in Anganwari Centre

ward No.1 Damlar- Khawas- A, ICDS Projects Budhal, vide order dated

28.02.2019, issued by Child Development Project Officer, ICDS Project,

Budhal, District Rajouri and that since the joining as said Anganwari

Helper, the petitioner was paid honorarium from March 2019 to

November 2019, whereafter her honorarium was stoped compelling the

petitioner to file WP(C) No. 1991/2021 before this Court, wherein an

interim order came to be passed on 24.09.2021 with a direction to the

2

respondents to allow the petitioner to continue as Anganwari Helper in the

Anganwari Centre till regular selection is under taken and also to release

the honorarium of the petitioner under Rules for the period she has actual

worked.

2. It is further stated by the learned counsel for the petitioner that the

respondents instead of complying with the said interim order dated

24.09.2021, issued a disengagement order bearing No.CDPO-KOT-

2021/559-60, dated 21.12.2021, in terms whereof the services of the

petitioner came to be put to halt, aggrieved whereof, the petitioner

maintained the writ petition bearing No WP(C). 15/2022, in that the

respondents had ordered the halt in rendering the services of the petitioner

as Anganwari Helper in violation of the interim order dated 24.09.2021,

inasmuch as, without any rhyme or reason, as well as in breach of the

principles of natural Justice.

3. Objections to the petitions have been filed by the officials respondents,

wherein it is being inter alia stated that there are two sanctioned

Anganwari Centres in Block, Budhal, wherein one Indra Devi was

appointed as Anganwari Helper vide order dated 16.07.2007 for

Anganwari Centre Khawas Ward No. 5 and one Anju Bala came to be

engaged as Anganwari Helper vide order dated 16.12.2006 for

Anaganwari Centre Khawas –B and that the petitioner could not have

been engaged in terms of order dated 28.02.2019, as Anganwari Helper

and posted at Anganwari Centre Khawas-B, wherein the Anganwari

Helper Anju Bala was already working since 16.12.2006.

3

It is further stated that upon an enquiry conducted in the matter by

respondent 4 and on the basis of the report of the said enquiry, the order

under challenged dated 21.12.2021 came to be issued as the honorarium

of the petitioner could not be drawn owing to the working of two

sanctioned Anganwari Helpers in the sanctioned Anganwari Centers.

Heard learned counsel for the parties and perused the record

4. Perusal of the record available on the file indisputably reveals that the

petitioner had been engaged as Anganwari Helper on the recommendation

of the Sarpanch and was engaged for Anganwari Centre Damlar, wherein

no Anganwari Centre had been sanctioned by the Government and that

subsequently the petitioner came to be posted as Anganwari Helper in the

sanctioned Anganwari Centre Khawas-B where in Anganwari Helper,

namely Anju Bala had already been working since the 16.12.2006 and

another Anganwari Helper namely Indra Devi had also been working at

the sanctioned Anganwari Centre Khawas ward No. 5 since 16.07.2007,

thus leaving no scope for either engagement or posting of the petitioner in

the said sanctioned Centre more so, without having faced any process of

selection thereof, The whole exercise undertaken by the official

respondents qua the engagement and posting of the petitioner seemingly

has been done in breach and violation of Rules and norms, inasmuch, as,

the constitutional mandate.