Excelsior Correspondent
Srinagar, Sept 16: High Court today held that it has the jurisdiction to handle the disputes relating to and concerning recruitment to the post of Anganwadi helpers appointed in Union Territories of J&K and Ladakh and such matters are not required to be transferred to Central Administrative Tribunal (CAT) for hearing.
Dealing with a matter seeking direction on the Government to finalize the re-advertisement notice of 2015 for engagement of Anganwadi Helpers, Justice Ali Mohammad Magrey after hearing the counsel on the issue of transferring the matter to CAT, held that appointment of Anganwadi Helper made under the scheme do not hold a civil post as such do not come within the purview of Section 14 of the CAT Act.
Justice Magrey said the Tribunal would not have the jurisdiction to entertain the petition and held that the High Court would have the jurisdiction to entertain a petition as a court of first instance in relation to the recruitment to the post of Anganwadi Helpers.
Court directed the Registrar Judicial to take follow up action and send copy of the order to Registrar Judicial of High Court wing Jammu for information. When the matter was taken up for consideration, it was needed that the matter be transferred to the CAT, however, advocate Mohsin Qadri, petitioner counsel submitted that the post in question neither constitute a service, nor do they hold civil posts, therefore, recruitment thereto or any matter in relation to recruitment thereto or even any service matter concerning thereto would not fall with the purview of provisions of CAT Act.
After hearing the arguments of the counsel and having regard to Section 14 of the CAT Act, Court said admittedly the instant case relates to recruitment against the position of Anganwadi Helper, and the prayer made in the petition evolve around the said relief.
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