Anganwadi Workers Don't Hold A Civil Post; CAT Wouldn't Have The Jurisdiction To Entertain Their Petition: J&K HC [Read Order]

The Single Bench of Ali Mohammad Magrey was hearing a plea seeking direction to the respondents to issue the engagement order for the post of Aganwadi Worker in ward 13 with further direction for quashing of engagement order No. 1 of 2017 dated 20.06.2017. The petition, in short, was related to recruitment as Anganwadi worker.

When this petition was taken up by the High Court, the Court was considering whether it needed to be transferred to the Central Administrative Tribunal, Jammu (the Tribunal).

The Counsel for the Petitioner submitted that Anganwadi helpers neither constitute a service, nor do they hold civil posts.

Therefore, the Counsel argued that recruitment thereto or any matter in relation to recruitment thereto or even any service matter concerning thereto would not fall within the purview of the provisions contained under Chapters III and V of the Administrative Tribunals Act, 1985 (the CAT Act), especially Sections 14, 15, 28 and 29 thereof, and, consequently, the Tribunal would not have the jurisdiction to entertain this petition.

Court's Observation

While relying on the Judgment of the Apex Court in the case of State of Assam v. Kanak Chandra Dutta AIR 1967 SC 884, the High Court observed that it is settled that appointments made under a scheme which is not of a permanent nature, and appointees, although might have continued for a long time, do not hold a civil post.

Resultantly, the Court ruled,

"It is held that this Court would have the jurisdiction to entertain a petition, including this petition, as a Court of the first instance in relation to recruitment and matters concerning recruitment to the position of Aganwadi worker(s) and this petition would not need to be transferred to the Tribunal."

While parting with the matter, the Court specifically observed,

"It may be observed that this Court is pained to notice that this petition seeking a mandamus upon the respondents to issue the engagement order for the post of Aganwadi worker in ward-13 has remained pending for about three years now. The petitioner's counsel has also been sloppy, inasmuch as he has not taken any steps to get it listed for hearing and disposal." (emphasis supplied)

The Court listed this petition on 04.11.2020 for final hearing.

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