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2009 DIGILAW 700 (JK)

Renu Sharma v. State

2009-12-31

J.P.SINGH

body2009
1. Petitioner has filed this Writ Petition questioning Government of Jammu and Kashmir Civil Secretariat Education Departments Communication No. Edu-II/291/2007 dated 16.11.2007 informing the Director School Education, Jammu refusing permission to the petitioner to re-join as Rehbar-e-Taleem besides seeking explanation as to how the petitioner was allowed one year and seven months leave in the first instance and more than one years leave in the second spell, when no leave was admissible to Rehbar-e-Taleems except as provided under Government Order No. 230-Edu of 2007 dated 27.06.2007, on the ground that the petitioner was entitled to leave under rules and her dis-continuance as Rehbar-e-Taleem was unwarranted. 2. The petitioner appears to have been engaged as Rehbar-e-Taleem at Primary School, Latheri by the Zonal Education Officer, Chowki Choura, in February 2004 on contract basis at a monthly honorarium of Rs.1500/-, initially for a period of two years. Serving only for a short period of about seven months as Rehbar-e-Taleem, she proceeded on Medical Leave. Her last spell of Medical Leave was w.e.f. 26.09.2004 to 03.10.2005. She appears to have been refused permission to re-join, when in the meanwhile, her period of engagement expired by efflux of time. 3. It was in April, 2007 that her fresh attempt to re-join as Rehbar-e-Taleem was refused resulting in issuance of the Communication, which she has impugned in the Writ Petition, seeking, inter alia, issuance of a Writ of Mandamus to the respondents to permit her to re-join as Rehbar-e-Taleem Teaching Guide in Government Primary School, Latheri. 4. I have heard learned counsel for the parties and am of the view that the petitioners engagement as Rehbar-e-Taleem for Primary School, Latheri, having determined by efflux of time in 2006, she had lost her right to the position for which she was engaged for a period of two years and her plea for issuance for directions to the respondents to permit her to re-join, in the absence of any order for her fresh engagement, is thus untenable. 5. The petitioner having not attained the status of a Government Servant in view of her contractual engagement as Rehbar-e-Taleem, was not entitled to leave of the kinds which are available to the Government Servants. The Government of Jammu and Kashmirs Communication of November 16, 2007, refusing sanction of leave to the petitioner, cannot thus be faulted. 6. 5. The petitioner having not attained the status of a Government Servant in view of her contractual engagement as Rehbar-e-Taleem, was not entitled to leave of the kinds which are available to the Government Servants. The Government of Jammu and Kashmirs Communication of November 16, 2007, refusing sanction of leave to the petitioner, cannot thus be faulted. 6. The Writ Petition does not raise the infraction of any fundamental, legal, statutory or other enforceable right. Thus, found to be without merit, this Writ Petition is dismissed.