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2011 DIGILAW 682 (JK)

Sakeena Akther v. State and Ors.

2011-12-03

MUZAFFAR HUSSAIN ATTAR

body2011
JUDGMENT Hon'ble Mr. Justice Muzaffar Hussain Attar, Judge 1. Petitioner was engaged as ReT and after satisfactory completing five years of service was absorbed as General Line Teacher vide Order No. 838 DSEK of 2008 Dated 19th April 2008, issued by respondent No.2. The respondent No.3 vide order dated 25th Nov. 2009 transferred the petitioner from Primary School Khiram Gojran to Primary School Khiram on the available post. The petitioner complied with this transfer order and joined at her new place of posting viz Primary School Khiram. The transfer order provided that the teacher will be adjusted in Primary School Khiram Gojran. 2. After serving as teacher in Primary School Khiram for more than a year, the ZEO - respondent No.4 cancelled the transfer order issued by respondent No.3 and directedthe petitioner to report back to the place where she was engaged as ReT. It is thisorder, which is called in question in this writ petition.On notice, respondents have filed reply affidavit.Heard ld counsel for parties. Considered the matter. 3. Mr. Jan, ld counsel for petitioner submitted that the petitioner after she was absorbed as General Line Teacher became member of service constituted in terms of J&K Education Subordinate Recruitment Rules and ceased to be ReT. Ld counsel submitted that the petitioner was transferred by the competent authority from one school to another school. After one year the transfer order was cancelled by respondent No.4 on a ground which is unknown to law. Ld counsel, accordingly, prayed for allowing the writ petition. 4. Mr. Naik, ld AAG submitted that a policy decision has been taken by the Government to retain all such ReTs " even after their absorption as General Line Teacher in the same school where they were engaged as ReTs". Ld counsel submitted that the transfer of petitioner to another school resulted in public outcry, which constrained the authorities to revert back the petitioner to Primary School Khiram Gojran. Ld counsel submitted that the order is legal and writ petition merits dismissal. 5. The petitioner was engaged as ReT in pursuance of the ReT scheme which was issued by issuance of Government order in the year 2000. One of the clause of the Scheme provided for absorbing of the ReT after satisfactory and completing five years of service as General Line Teacher. 5. The petitioner was engaged as ReT in pursuance of the ReT scheme which was issued by issuance of Government order in the year 2000. One of the clause of the Scheme provided for absorbing of the ReT after satisfactory and completing five years of service as General Line Teacher. There was no clause in the ReT Scheme that after absorbing of the ReT as General Line Teacher he/she was continue to work in the school where he or she was engaged as ReT. Assuming that there would have been such clause in the scheme its legality would still come under eclipse. As there was no clause in the ReT scheme as aforementioned, the petitioner after becoming member of service of J&K Education Subordinate Services, her service conditions were to be regulated by the Statutory Rules and she could be transferred from one place to another place. 6. The impugned transfer order is illegal on yet another ground viz that on telephonic message received from respondent No.3, respondent No.4 cancelled the order of respondent No.3. The administrative affairs in state are governed by rule of law and are not carried on telephonic messages. Since the order of transfer was issued by superior authority- Chief Education officer, the ZEO had no competence to cancel the same. 7. For the above stated reasons, this petition is disposed of in the following manner: By issuance of writ of certiorari, order ZEO/S/9804/10 dated 07.12.2010 is quashed. The quashment of the order, however, should not prevent the competent authority to pass the transfer order in respect of petitioner as she has already completed two years of service at Primary School Khiram and authority will not be prevented from posting the petitioner at any other place including primary school Khiram Gojran, but she has to be posted on available vacancy of the post of teacher.