Excelsior Correspondent
JAMMU, May 27: High Court has passed strictures against Social Welfare Department for callous attitude.
While disposing of the petition, Justice Moksha Khajuria Kazmi observed, “before parting with the file, it is recorded that the present litigation is more attributable to the callous attitude of the concerned department than it being an act of the aggrieved individual, for, initially, the respondents without ascertaining the genuineness of the certificate of one Mehjabeena Akhter engaged her as Anganwari worker for the ward in question”.
“Later on, again without bothering themselves much to see as to who is more meritorious, and suitable candidate for the post in question, took refuge in the Deputy Commissioner’s order as also in the interim order of this Court passed in SWP No. 876/2015 and engaged Roomi Akhter when it was well within their knowledge that there are candidates who are more meritorious, therefore, more suitable for the post, than Roomi Akhter”, High Court said.
“It is because of such lackadaisical approach of the respondents that the present petitioners are entangled in litigation and that the post has remained unfilled. The present litigation and the mess created, therefore, is solely an outcome of an administrative incongruity. This kind of litigation would never come into being if a little diligence is shown by the concerned towards their duties”, Justice Kazmi said, adding “let this serve as a lesson for the respondents in future”.
“The selection process initiated for the post in question in the year 2008 had culminated in the engagement of Roomi Akhter in the year 2017 but till date, because of the pendency of the litigation, none of the candidates is actually holding the post to run the Anganwadi Centre”, High Court said, adding “true it is that the petitioner, Tasleema Jan, had chosen to approach the court in the year 2018 when Roomi Akhter, though comparatively lower in merit, had managed to disengage the services of a selected candidate namely Mehjabeena Akhter by an established act of law, but the plea taken in support of such delay by the petitioner, Tasleema Jan, that she had approached the Competent Authorities with the representations seeking engagement against the post in question, have remained uncontroverted, therefore, cannot be brushed aside”.
Accordingly, High Court directed the respondents to consider the claim of both the candidates, Roomi Akhter and Tasleema Jan, in respect of their engagement as Anganwari Worker for the Anganwadi Centre in question. Both the petitioners shall be associated with the consideration process by allowing them to put forward their stand effectively, the High Court added.
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