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2016 DIGILAW 342 (JK)

Nazia Iqbal v. State thr. Edu. Deptt. & Ors.

2016-06-30

RAMALINGAM SUDHAKAR

body2016
JUDGMENT Petitioner was regularized as RET Teacher and posted against a vacant post in Government Primary School, Behakan Draba vide Order No. ZEOB/991-93 dated 15-02-2011 (Annexure-A). By order No. ZEO/B/1269 dated 18-11-2015 issued by Zonal Education Officer, Buffliaz, Poonch, she was asked to perform her duty as first teacher inn Primary School, Tilla. The petitioner was working as such and then by virtue of another Order No. ZEOB/2144 dated 23-04-2016, the pervious order dated 18-11-2015 was cancelled. However, the Authority has not stated as to which School she is posted consequent to the cancellation order. On the face of it, the order of cancellation is vague and without reason and without any direction. The petitioner has been performing her duty at the previous place of posting, i.e., Govt. Primary School, Tilla. Petitioner before approaching this Court has also made a representation to the Chief Education Officer, Poonch and the Zonal Education Officer, Buffliaz, District Poonch (Annexure-D). They are respondents-3 and 4. Since no action is taken on the representation, it has forced the petitioner to come before this Court. In the representation dated 13-06-2016, a request was made to cancel the order of cancellation dated 23-04-2016. She has further requested the authority to post her as RET Teacher in Government Primary School, Behakan, Draba, her original place of posting. Since a representation has been given and considering the vagueness in the order of cancellation, the authority has to consider the representation on merits immediately. In such view of the matter, it would be suffice if a direction is issued to respondents-3 and 4 to consider the said representation for posting of the petitioner in the school at Tilla where she was posted before the order of cancellation was issued or as requested. This representation will be considered within one week from the date of receipt of a copy of this order. The petitioner is also permitted to approach respondents-3 and 4 along with the order for considering her claim. The petition is disposed of in the aforesaid terms along with connected MP.