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2021 DIGILAW 582 (JK)

State of J&K v. Shahida Razak

2021-11-09

ALI MOHAMMAD MAGREY, SANJAY DHAR

body2021
JUDGMENT : Ali Mohammad Magrey, J. 1. This intra Court appeal is directed against the Judgment dated 22nd of August, 2017 passed by the learned Single Judge, in terms whereof the Petition of the Respondent herein (SWP No. 2207/2015) stands allowed with the following directions: “….. In view of the aforesaid analysis, the writ petition is disposed of by directing the respondents to treat the petitioner as having been appointed as EV in EGS Centre Gudoo Mohalla Abi Nowpora with effect from 26th November, 2012 with all consequential benefits. It is, however, made clear that in case the aforesaid Centre has been converted in the regular School, petitioner shall be deemed to be appointed as ReT in the aforesaid School with effect from the date the Centre is upgraded to School. Needless to say that the petitioner is entitled to all the consequential benefits.” 2. The aforesaid Judgment has been assailed herein this appeal primarily on the ground that the learned Writ Court, while passing the Judgment, has failed to appreciate the fact that the Scheme under which the Writ Petitioner/ Respondent herein was engaged as an Education Volunteer (EV) at EGS Gudoo Mohalla, Abi Nowpora was already disbanded by the Government. It is also contended that the learned Writ Court has erred in disposing of the Petition and directing for engagement of the Writ Petitioner/ Respondent herein as an Education Volunteer (EV) from 26th of November, 2012 with all consequential benefits without quashing the impugned Order No. 706 CEO of 2014 dated 7th of July, 2014 in the Petition; whereby the claim of the Writ Petitioner/ Respondent herein was rejected by the competent authority. 3. We heard learned Counsel for the parties, perused the pleadings on record and have considered the matter. 4. Perusal of the pleadings on record brings it to the fore that the Writ Petitioner/ Respondent herein, after participating in the selection process initiated by the Respondents vide Advertisement Notification No. ZEO/Nishat/2966 dated 2nd of August, 2005, got selected as Education Volunteer (EV) for EVC Centre Gudoo Mohalla, Abi Nowpora, District Srinagar. 4. Perusal of the pleadings on record brings it to the fore that the Writ Petitioner/ Respondent herein, after participating in the selection process initiated by the Respondents vide Advertisement Notification No. ZEO/Nishat/2966 dated 2nd of August, 2005, got selected as Education Volunteer (EV) for EVC Centre Gudoo Mohalla, Abi Nowpora, District Srinagar. Thereafter, since the formal order of engagement was not issued in favour of the Writ Petitioner/ Respondent herein, she filed Writ Petition bearing SWP No. 2239/2013 which was disposed of by the Court vide Order dated 20th of November, 2013 by directing the Respondents to consider the engagement/ appointment of the Writ Petitioner/ Respondent herein as Education Volunteer (EV) in EGS Centre Gudoo Mohalla, Abi Nowpora against the available vacancy. Pursuant to the aforesaid Order having been passed by the Court, the Respondent No.3, in terms of Order No. 706-CEO of 2014 dated 7th of July, 2017, rejected the claim of the Writ Petitioner/ Respondent herein on the ground that the scheme under which the EGS Centres were established were banned and Education Volunteers (EVs) engaged disbanded. This Order dated 7th of July, 2017 was assailed by the Petitioner/ Respondent herein in Writ Petition bearing SWP No. 2207/2015, which Petition, vide the Judgment impugned, was disposed of by the learned Single Judge with the direction to the Respondents to treat the Petitioner/ Respondent herein as having been appointed as Education Volunteer (EV) in EGS Centre Gudoo Mohalla, Abi Nowpora. The learned Single Judge, in the impugned Judgment, has observed that the subsequent disbanding of the Scheme would not affect the accrued right of the Petitioner/ Respondent herein, therefore, she is entitled to be appointed as an Education Volunteer. Going by the aforesaid factual backdrop, we feel that the directions given by the learned Single Judge are beyond the power of the Writ Court inasmuch when the basic Scheme under which the Petitioner was engaged as an Education Volunteer (EV) was disbanded by the competent authority/ Government, then, in such eventuality, no direction for appointment of the Writ Petitioner/ Respondent herein as Education Volunteer (EV) could have been issued. True it is that the subsequent disbanding of the basic Scheme in the erstwhile State of Jammu & Kashmir (now Union Territory) might have affected the accrued right of the Petitioner, but same could not have become the basis for directing the Respondents to treat the Petitioner as having been appointed as Education Volunteer (EV) when the basic Scheme providing for such engagement was not in existence any further. 5. In the above background, we allow the instant appeal and set aside the impugned Judgment dated 22nd of August, 2017 passed by the learned Single Judge in the Writ Petition (SWP No. 2207/2015) filed by the Writ Petitioner/ Respondent herein. Consequently, the Writ Petition filed by the Writ Petitioner/ Respondent herein shall stand dismissed. 6. Disposed of as above. Pending application(s), if any, shall also stand disposed of accordingly.