Jammu and Kashmir High Court

CCP(S)/189/2023 of HASEENA BANO AND ANOTHER. Vs RUBINA KOUSAR AND ANOTHER (MISSION DIRECTOR ICDS) on 30 September 2026

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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CCP(S) 189/2023 c/w i)SWP 1536/2015 WP(C) 1230/2021 WP(C) 2419/2022 HASEENA BANO AND ANOTHER ….. Petitioner(s) Through: Mr. Sami Lone, Adv. V/s RUBINA KOUSAR AND ANOTHER ….. Respondent(s) Through: Mr. T A Lone, Dy.

08

Regular

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

HASEENA BANO AND ANOTHER

….. Petitioner(s)

Through:

Mr. Sami Lone, Adv.

V/s

RUBINA KOUSAR AND ANOTHER

….. Respondent(s)

Through:

Mr. T A Lone, Dy. AG.

Coram:

Hon’ble Mr. Justice Rajnesh Oswal, Judge

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ORDER

30.09.2026

1. SWP No. 1536/2015 & WP(C) No. 1230/2021:

2. This petition has been filed by the petitioners for commanding the respondents to allow her to continue as Anganwardi Helper in Anganwardi Centre, Wasomargh and for restraining the respondents from cancelling or withdrawing the appointment/selection of the petitioner or changing the location of the Centre to deprive the petitioner from her engagement on the basis of frivolous complaints.

3. Another writ petition bearing WP(C) No 1230/2021 has been filed by the petitioner on the same relief and for directing the respondents to release her wages.

P a g e | 2

4. Objections have been filed by the respondent No. 1 to 6 stating therein that the petitioner is no longer on the rolls of the respondent as she was disengaged on 27.02.2020. The compliance report dated 19.09.2022 has been filed by the respondents stating therein that unpaid honorarium from August 2019 to February 2020 amounting to Rs. 19,859 stands paid to the petitioner.

5. Be that as it may, as the petitioner has not assailed the order dated 27.02.2020 and Anganwardi Centre has been shifted as is evident from the compliance report filed by the respondents, these petitions are disposed of by giving liberty to the petitioner to avail the remedy as is available under law. As regards order dated 27.02.2020, the time consumed in prosecuting these petitions shall not come in the way of petitioner to avail appropriate remedy as is available under law as against order dated 27.02.2020.

6. Disposed of as above.

7. WP(C) No. 2419/2022:

8. The petitioners have filed this petition commanding the respondents to release the arrears of rent in her favour and for directing the respondent No. 5 to release the honorarium and to allow her to work as Anganwardi Helper.

9. The respondents in their response have stated that after disengagement of the earlier Anganwardi Helper namely Afroza, P a g e | 3

the petitioners themselves by undue influence of Sarpanch took the control of the Angarwardi Centre Wasimargh-B and the petitioner No. 1 started working as Anganwardi Helper without consent or formal order issued by the official respondents. Precisely the contention of the official respondents is that there was no order of engagement issued in favour of the petitioner No. 1/Haseena Bano.

10. Be that as it may, as no one has caused appearance in this case on behalf of the petitioners for three consecutive dates of hearing, the present petition is dismissed for non-prosecution.

11. CCP(S) No. 189/2023:

12. Since the main petition i.e, WP(C) No. 2419/2022 has been dismissed as withdrawn. The proceedings against the respondents are dropped and the contempt petition is closed.

(Rajnesh Oswal)

Judge

SRINAGAR 30.09.2026 Aasif

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