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2016 DIGILAW 372 (JK)

Dev Dutta v. State and Ors.

2016-07-19

RAMALINGAM SUDHAKAR

body2016
JUDGMENT Admit. Notice through Court is dispensed with by the nature of order that is to be passed considering the grievance of petitioner. On asking, Mr. Ravinder Sharma, AAG takes notice. The petitioner claims to have hailing from a remote area in district Kathua as a Matric Pass candidate was engaged as Education Volunteer in EGS Centre Bari under SSA on a monthly remuneration of Rs.1000/- vide order dated 21.08.2004 passed by respondent No. 4 (Anneuxure-B). From 21.08.2004 to 16.02.2009, petitioner was performing his duties as Education Volunteer and after amalgamation of the Centre, he was adjusted in NPS Kapayee with effect from 17.02.2009 (Annexure-C). The petitioner thereafter passed Higher Secondary Part-II examination from the Jammu and Kashmir State Board of School Education in 2014 (Annexure-D). The petitioner’s grievance is that similarly placed Education Volunteers engaged along with and subsequent to the appointment of the petitioner have been made ReT Teachers whereas the case of the petitioner for appointment as ReT Teacher was not considered. The petitioner pleads that he applied for conversion of Education Volunteer to ReT to the Competent Authority and the case of the petitioner was sent to respondent No. 3 by respondent No. 4 vide Order No. ZEO/MP/219 dated 07.05.2016 (Annexure-E). Since no orders have been passed, petitioner therefore prays for consideration of his claim to covert him as ReT Teacher from the present post as Education Volunteer with other benefits. At present, as is evident from the pleadings in the affidavit, the request has been forwarded to the higher authority in terms of Order No. ZEO/MP/219 dated 07.05.2016. Not much time has passed and, therefore, in fitness of things, it will be desirable that the authority be given sufficient time to consider the claim of petitioner. Mr. Ravinder Sharma, AAG states that the eligibility of the petitioner will have to be tested by the higher authority and it cannot be granted as a matter of course. In view of the above, without going into the merit of the issue subject to the petitioner satisfying the eligibility criteria, the authority may consider the claim of the petitioner on its own merits preferably within twelve weeks from the date of receipt of copy of this order. Writ petition along with connected MP is disposed of.