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2015 DIGILAW 679 (JK)

Mohd. Hussain v. State of J&K

2015-12-18

N.PAUL VASANTHA KUMAR

body2015
JUDGMENT : N. Paul Vasantha Kumar, J. 1. This writ petition is filed praying to quash order dated 16.07.2002 rejecting the request of petitioner seeking employment in lieu of the land donated to the Education Department for construction of High School situated at village Mangota Tehsil and District Doda. The case of the petitioner is that his father-in-law donated land measuring 2 kanals 1 marla falling under Khasra No. 622 to the Government school which was upgraded from Middle School to High School situated at village Mangota, Tehsil and District Doda for construction of additional building on the promise of concerned department that he would be adjusted against class IV post in the said school. 2. The petitioner submitted application for appointment, as he has donated his land his case was recommended to the District Education Officer Doda, based on the report called from the Head Master, Govt. High School Mangota on 08.08.1991. Thereafter the Chief Education Officer, Doda sent a communication on 08.06.1993 to the District Development Commissioner, Doda stating that by SRO 214 dated 11.07.1991 issued by the government, employment in lieu of land donated, has been banned. The petitioner earlier approached this Court by filing SWP No. 1484/1996 and this Court directed the respondents to consider the case of the petitioner in light of the decision of the Division Bench made in LPA No. 309 of 1996 within a period of three months. Thereafter, petitioner's case was considered and same was rejected by Director School Education by order dated 16.07.2002. 3. The grievance of the petitioner is that the petitioner having donated land in the year, 1981 in lieu of employment and the said issue having already been considered by the Division Bench of this Court in LPA No. 309 of 1996, therefore subsequent order issued imposing ban on such appointment will not take away the right of the petitioner. The said aspect has not been considered by respondent No. 2 Director School Education in order dated 16.07.2002. 4. The SRO 214 having been issued in the year 1991 imposing ban on the appointment in lieu of land donated and the petitioner having donated the land in the year 1987, therefore, the rule which existed on that date has to be applied. 5. 4. The SRO 214 having been issued in the year 1991 imposing ban on the appointment in lieu of land donated and the petitioner having donated the land in the year 1987, therefore, the rule which existed on that date has to be applied. 5. In view of the said rule position, the impugned order dated 16.07.2002 is set aside and the Director School Education is directed to consider the case of the petitioner in light of SRO 181 of 1988 and pass orders without reference to the order issued in terms of SRO 214 of 1991, within a period of eight weeks from the date of receipt of copy of this order. The writ petition is disposed of in above said terms. No costs.