Lawstreet Journal

Tribunals Do Not Have Jurisdiction to Entertain Plea of Anganwadi Workers : J&K HC

Lawstreet Journal 23 Sep 2020 3:57am

Image courtesy: Lawstreet Journal Judiciary Tribunals Do Not Have Jurisdiction to Entertain Plea of Anganwadi Workers : J&K HC

The Single Bench of Ali Mohammad Magrey of Jammu & Kashmir High Court ruled on September 17, 2020, that Anganwadi workers do not come under the preview of Section 14 of the Central Administrative Tribunals Act, 1985. The court ruled that they do not even hold a public position. The case was of Tasleem Jan V. State of Jammu & Kashmir & Ors. The petition was taken up by the HC to consider whether it is needed to be transferred to the Central Administrative Tribunal or not. The council for the Petitioner said that the Anganwadi Helpers neither constitute a service nor they hold a public post. The petition filed was related to recruitment. The council for the petitioner said that any matter in relation to recruitment or even any service matter concerning thereto will not fall within the purview of the provisions mentioned under Chapter III and V of the act, especially Section 14, 15, 28, 29.

The petition in this matter relates to recruitment against the position of Anganwadi Helpers. Section 14 of the act specifically states that matters concerning recruitment shall not come under the purview of the Tribunals. It is thus seen that Section 14, delineating the matters in relation to which the Tribunals have been prescribed to have the jurisdiction, speaks of recruitment, and matters concerning recruitment, inter alia, to any civil service of the Union. The word ‘Union’ in terms of Explanation appended under Section 14(1)(C) has reference also to a Union Territory. The words… Continue Reading...

Tagged: Jammu & Kashmir High Court   jammu and kashmir  
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