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2017 DIGILAW 453 (JK)

Nazia Shafyat v. State

2017-07-27

B.S.WALIA

body2017
JUDGMENT : 1. Petitioner, who was working as Teacher in Government Primary School, Galuti, vide order Annexure A dated 11.05.2017 was deployed in Government Primary School Salary, Zone Manjakote on need basis till further orders on the recommendations of Zonal Education Officer Manjakote. 2. Learned counsel contends that the aforementioned deployment although mentioned to be on need basis was, in fact, in view of medical condition of the petitioner. 3. Petitioner is aggrieved of order Annexure B dated 14.07.2017 whereby deployments/teachers of Masters/Teachers/RRETs/RETs/3rd Teachers have been cancelled and concerned teachers have been directed to join the original place of posting. Learned counsel contends that the petitioner having been deployed in Government Primary School Salary Zone Manjakote in view of her medical condition, order Annexure B dated 14.07.2017 is not applicable in her case, therefore, the petitioner is entitled to be allowed to continue at Government Primary School Salary Zone Manjakote. 4. Mr. Ravinder Gupta learned AAG opposes the prayer of the petitioner on the ground that order Annexure A dated 11.05.2017 does not disclose that the petitioner was deployed on need basis on account of her medical condition and that certificate Annexure C issued by the District Medical Board Rajouri was dated 11.07.2017, therefore, the same was not the basis on which order Annexure A dated 11.05.2017 was passed. Learned AAG further contends that order Annexure B dated 14.07.2017 was fully applicable in the facts of the case in the absence of there being any documentary proof issued by the competent authority setting out the medical condition of the petitioner and recommending any concession to be given in respect thereto. 5. At this stage, learned counsel for the petitioner has produced medical records of the petitioner to highlight the medical condition of the petitioner on the basis of which the petitioner was stated to have deployed at Government Primary School Salary Zone Manjakote, and requested for stay of order Annexure B dated 14.07.2017 on the ground that the petitioner is a heart patient and is presently admitted in Government Medical Hospital Rajouri. The same is vehemently opposed to by the learned Sr. AAG on the ground that the order has already been implemented and the petitioner stands relieved. 6. The same is vehemently opposed to by the learned Sr. AAG on the ground that the order has already been implemented and the petitioner stands relieved. 6. Be as it may, it is deemed appropriate to grant liberty to the petitioner to make a comprehensive representation to respondent No.3 along with medical records in support of the plea of the petitioner suffering from medical ailment. On receipt of the representation, it would be open to respondent No.3 to get the petitioner medically examined from the competent Standing Medical Board as also to obtain recommendations of the Standing Medical Board with regard to concession, if any, required to be given to the petitioner. On receipt of the recommendations, respondent No.3 would take decision on the representation of the petitioner as may be deemed appropriate and justified in the facts and circumstances of the case. Needful be done within a period of two weeks from the date of receipt of certified copy of this order along with representation and medical records. 7. At this stage, learned counsel for the petitioner states that the petitioner may be allowed to continue at the place of deployment in terms of Order Annexure A dated 11.05.2017. It would be open to the petitioner to make request to respondent No.3 for being allowed to continue at the place of deployment. Respondent No.3 may consider the feasibility of request of the petitioner to continue at the place of deployment in terms of Order Annexure A dated 11.05.2017 till such time that the representation is decided and pass such orders as are deemed appropriate in the facts and circumstances of the case. 8. With the aforementioned directions, writ petition is disposed of.