Shakeela Akhtar vs SOCIAL WELFARE on 15 October 2026

1. Shakeela Akhter (Aged 61 years) W/o: Nazir Ahmad Lone R/o: Dielgam Anantnag

2. Atiqa Bano (Aged 62 years) W/o: Mohd Ashraf Mir R/o: Donipawa Anantnag

3. Zona Begum (Aged 61 years) S/o: Abdul Rashid Rather R/o: Nowgam Shangus Anantnag

4. Mehbooba Bano (Aged 61 years) D/o: Abdul Majeed R/o: Hardu Toru, Achabal Anantnag

5. Masooda Akhter (Aged 63 years) W/o: Bashir Ahmad Najar R/o: Najar Mohalla Nowgam Shangus, Anantnag.

6. Safeena Parveen (Aged 62 years) W/o: Farooq Ahmad Bhat R/o: Batpora Mattan Pai Bugh, Anantnag

7. Aisha Akhter (Aged 59 years) W/O: Bashir Ahmad Bhat R/o: Dethu, Aho Paisan Anantnag

8. Hamida Bano (Aged 61 years) W/o: Abdul Rashid Veeray

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R/o: Chana Mohalla Shangus Anantnag. ……Applicants By Advocate : Mr. Mir Umar VERSUS

1. UT of J. & K through Commissioner Secretary to Govt. Social Welfare Department Civil Sectt. Srinagar/ Jammu.

2. Director Social Welfare Department Kashmir, Srinagar.

3. District Programme Officer Poshan Project Anantnag. .... RESPONDENTS By Advocate :- Mr. Furqan Y Sofi, GA O R D E R (ORAL) JUSTICE RITU TAGORE, MEMBER [JUDL.]

01. The matter was listed today for filing of the reply. Learned counsel for the respondents submits that the reply to the present Transfer Application has not been filed and seeks further time to do so.

02. During the course of hearing, learned counsel for the applicants, after arguing the matter for some time, submits that the interests of justice would be adequately served if the present Transfer Application is disposed of with a direction to the respondents to treat the same as a representation and consider the applicants’ claims regarding grant of pensionary benefits, including counting

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of the service rendered by them as Anganwadi Workers towards qualifying service for pension, particularly in the light of Annexure-III dated 04.11.2022, placed at page 15 of the Transfer Application, and the judgment dated 12.05.2016 passed by the Hon’ble High Court of Jammu and Kashmir in a bunch of writ petitions, the lead matter being SWP No. 1350/2014, titled Shashi Prabha v. State of J&K & Ors., placed at page 27 of the Transfer Application, together with the documents annexed to the Transfer Application, strictly in accordance with law and within a stipulated period.

03. Mr. Furqan Y. Sofi, learned Government Advocate appearing for the respondents, submits that the present Transfer Application may be disposed of with appropriate directions, without prejudice to the rights and contentions of the respective respondents.

04. The case of the applicants, as set out in the Transfer Application, is that they have a common cause of action against the respondents and have, therefore, approached

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this Tribunal jointly to avoid multiplicity of litigation and the possibility of conflicting orders or judgments. The applicants state that they were initially appointed as Anganwadi Workers in the respondent department and were subsequently promoted to the post of Anganwadi Supervisors, from which posts they ultimately retired on different dates. They further aver that they were paid remuneration by the department during their service.

05. The applicants have placed on record the attendance sheet dated 24.12.2019, issued by the District Programme Officer, ICDS, Anantnag, reflecting the period of duty attended by them. They have also relied upon the order dated 09.12.2019 issued by the District Programme Officer, ICDS, Anantnag, whereby their postings as Anganwadi Supervisors were given effect to.

06. It is further the case of the applicants that they repeatedly projected their grievance before the respondents regarding the release of pensionary benefits. In this regard, the Director, Mission Poshan, J&K, issued a communication

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dated 04.11.2022 to all the District Programme Officers, Poshan Projects, J&K, seeking details concerning the date of retirement, date of engagement, date of regularisation as Supervisor and total service rendered as Anganwadi Worker and Anganwadi Supervisor. A copy of the said communication has been annexed to the Transfer Application as Annexure-III.

07. The applicants contend that, despite the aforesaid communication, no decision has been taken by the respondent department regarding their entitlement to pensionary benefits. They claim that they have rendered more than forty years of service as Anganwadi Workers and Anganwadi Supervisors and were substantively holding the posts of Supervisors at the time of their retirement. According to them, the service rendered by them under the State, including their service as Anganwadi Workers, is liable to be considered towards qualifying service for pension, and they are entitled to the same pensionary benefits as have been extended to other

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similarly situated persons.

08. In support of their claim, the applicants have relied upon the judgment dated 12.05.2016 passed by the Hon’ble High Court of Jammu and Kashmir in a bunch of writ petitions, the lead matter being SWP No. 1350/2014, titled Shashi Prabha v. State of J&K & Ors. The applicants state that the Hon’ble Court considered the question of counting the service rendered as Anganwadi Workers prior to substantive appointment as Supervisors towards qualifying service for pension under the applicable provisions of the Jammu and Kashmir Civil Service Regulations. It is their case that the Hon’ble Court directed that 50% of the service rendered as Anganwadi Workers be counted as qualifying service for pension, along with the subsequent service rendered as Supervisors.

09. The applicants have further relied upon the judgment dated 07.07.2017 passed by the Hon’ble Division Bench of the High Court of Jammu and Kashmir, whereby the

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challenge preferred by the State to the aforesaid judgment was dismissed and the decision of the writ court was upheld. On the strength of these judgments, the applicants assert that they are entitled to pensionary benefits by counting their qualifying service in accordance with the applicable provisions of law.

10. The applicants have, accordingly, sought directions to the respondents to prepare their pension cases, release their retiral benefits and sanction and release pension in their favour, along with such other appropriate relief as may be warranted in the facts and circumstances of the case.

11. Having considered the submissions made at the Bar and perused the material placed on record, this Tribunal is of the considered opinion that no useful purpose would be served by keeping the present Transfer Application pending, particularly in view of the limited prayer now made on behalf of the applicants.

12. Accordingly, without expressing any opinion on the merits of the case or the rival claims of the parties, the

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present Transfer Application is disposed of with a direction to the respondents to treat the same as a representation and to consider the applicants’ claims regarding the grant of pensionary and other retiral benefits, including the question of counting the service rendered by them as Anganwadi Workers towards qualifying service for pension, particularly particularly in the light of Annexure-III dated 04.11.2022, placed at page 15 of the Transfer Application, and the judgment dated 12.05.2016 passed by the Hon’ble High Court of Jammu and Kashmir in a bunch of writ petitions, the lead matter being SWP No. 1350/2014, titled Shashi Prabha v. State of J&K & Ors., placed at page 27 of the Transfer Application, along with the documents annexed to the Transfer Application, if the applicants are found to be similarly situated and squarely covered by the aforesaid judgments, subject to their eligibility and entitlement, the applicable rules and regulations, and there being no legal impediment thereto.

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13. The respondents shall pass a detailed, reasoned and speaking order within a period of twelve (12) weeks from the date a certified copy of this order is served upon them.

14. It is made clear that this Tribunal has not expressed any opinion on the merits of the applicants’ claims, and all questions of fact and law are left open to be considered by the competent authority while passing the aforesaid order.

15. With the aforesaid directions, the Transfer Application stands disposed of. Pending miscellaneous application(s), if any, shall also stand disposed of.

16. No order as to costs.

17. Registry shall consign the record to the Record Room after due compliance.

(JUSTICE RITU TAGORE) Member(Judl.)

15-10-2026 DEVENDRA TRIPATHI

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