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2017 DIGILAW 717 (JK)

Gulzhora Khatoon v. State of J&K

2017-08-23

TASHI RABSTAN

body2017
JUDGMENT : 1. The case projected by the petitioner is that he is working as ReT Teacher pursuant to his selection and approval granted by respondent No.2, Director School Education, Jammu and adjusted at Government Primary School Chaklian, Zone Balakote. Thereafter, on completion of two years of service, respondent No.5, i.e., Zonal Education Officer, Balakote, issued the order impugned shifting the petitioner from original place of adjustment to Government Middle School, Dhargaloon, to which petitioner has also made a representation before the higher authorities stating therein that petitioner has to complete five years in terms of SSA norms, however, the said SSA Scheme was replaced by ReT Scheme and as per this Scheme, the petitioner has to work for five years also. It is contended that petitioner was also deputed for training at Zonal Level Workshop w.e.f 26.06.2004 and the same has been completed successfully. Further, petitioner was sent for twenty days District Level Workshop w.e.f 06.07.2005 to 25.07.2005, which too was completed by her successfully. 2. It is contended that initially the Zonal Education Officer, Balakote Mendhar allowed the petitioner to complete five years at the original place of appointment i.e., Government Primary School, Chakalian. Further, it is contended that private respondent, who was initially appointed as ReT Teacher in Government Primary School Phalyal was later on allowed to join at Government Middle School Dhargaloon on 24.01.2004, which was contrary to the Scheme as well as Order No. 1230-32 dated 23.01.2004 issued by Zonal Education Officer, Balakote. Further it is contended that vide circular dated 19.12.2005 issued by Zonal Education Officer, Balakote, it was intimated that all the ReTs who were deployed in various schools were directed to join at their own original place of postings on or before 21.12.2005. However private respondent in connivance with Zonal Education Officer, Balakote, managed his adjustment in place of petitioner. In this regard, petitioner made a representation to Director School Education, Jammu, who vide communication dated 27.12.2005 directed the concerned authority to look into the matter and retain the petitioner. Thereafter, vide communication dated 04.01.2006 issued by the Deputy Chief Education Officer, Mendhar, it was ordered that petitioner shall continue to render her services at Chakalian where she has joined her duties initially. 3. Thereafter, vide communication dated 04.01.2006 issued by the Deputy Chief Education Officer, Mendhar, it was ordered that petitioner shall continue to render her services at Chakalian where she has joined her duties initially. 3. Petitioner’s grievance is communication dated 17.01.2006 issued by Chief Education Officer, Poonch, wherein request was made to the Director School Education, Jammu that Deputy Chief Education Officer, Mendhar had retained Gulzahra Khatoon of GMS Dharglooon in GPS Chaklian, which is not covered under rules, therefore, petitioner seeks quashment of aforesaid communication. 4. On notice, respondents have chosen not to file response to the instant petition, even last and final opportunity was also granted to them but they did not come forward with response which is suggestive of the fact that respondents are admitting the averments made by the petitioner in the petition. 5. In terms of order dated 03.02.2006, this Court, as ad interim, directed the respondents to allow the petitioner to function without interruption in light of order bearing No. ZEB/1236-38 dated 23.01.2004. 6. In the given circumstances of the case, I deem it appropriate to dispose of this petition with a direction to the respondents to consider the claim of the petitioner on the basis of averments made in the petition, annexures appended thereto and, of course, rules governing the field. Respondents shall do well to take a decision in the matter within a period of four weeks from the date certified copy of this order along with complete set of writ petition is made available to them. Till then, petitioner shall be allowed to work in terms of order dated 03.02.2006 passed by this Court. 7. Disposed of as above along with connected MPs.