Donot refer public employment litigations to Lok Adalats, J

Srinagar, July 23 (UNI) Jammu and Kashmir High Court has directed all sub-ordinate civil courts in the state to desist from referring the litigations pertaining to public employment to Lok Adalat as it excludes all other eligible persons from applying for these posts.

Dismissing a petition filed by a girl Ruby Akhtar in which she has prayed that she should be appointed as worker in the Anganwari centre set up in her house, the court the directed that the petitioner and other respondents be considered against the available position of the Anganwari helpers in accordance with rules after due verification of the certificates pertaining to age, academic qualification and residence.

The Court said it has been noticed the subordinate courts refer public employment cases to Lok Adalats which settle them between the contenders or between the person concerned and officials.

On the face of it the practice appears to be suffering from inherent defect because litigation essentially results in final adjudication between contesting parties without going for proper selection or advertisement.

The girl had applied in the social welfare department as anganwadi helper in the centre set up in her Uttersoo Nijigund house in Anantnag district.

The petitioner said that she has not been engaged as Anganwari worker even though the sanctioned centre was located in her residential house.

She had sought quashing of engagement another person as Anganwari worker who according to her was not eligible for the job.

The state however said that though the centre was located in the petitioner's house giving her additional weightage.

However, she was not middle pass, the basic qualification for the engagement.

The petitioner took the matter before the Sub-Judge, Anantnag who settled it in the Lok Adalat direcing the department to consider her for engagement.

The single bench comprising Justice Bashir Ahmad Kirmani however raised certain questions while disposing off the petition.

The Court questioned why department is setting up the centre in private residential houses, thus giving extra weightage to the owner in a matter of engagement reducing entire thing to family affair.

The court said why cannot the department think of housing these Anganwari centers in government school buildings or Panchyat Ghars of the area.

Justice Kirmani directed the government to formulate a policy for housing Anganwari centers in Government Schools and Panchyat Ghars.

UNI