SUSHIL KUMAR SHARMA Vs. STATE OF J&K

JUDGEMENT

(1.) Petitioner is working in the State Education Department since 12.8.1987. It appears that in the year 1994 be obtained his Master's Degree in the subject of Zoology from Jammu University. Photostat copy of the certificate issued by the University in that behalf is placed on the record as Annexure-A. According to it, the date of declaration/issue of result is 9.8.1994.

(2.) Respondent-State issued Government Order No. 407-Edu. of 2000 dated 10.5.2000, when petitioner was promoted as Lecturer. As per Annexure-A attached with the said Government order name of the petitioner in the list of promoted Lecturers figures at Serial No. 60. Even otherwise admitted case of the petitioner as set up in the writ petition is that after having passed his M.Sc. in the year 1994, his case was processed in the same year for promotion as Lecturer. It may be appropriate to mention here that this order was followed by a corrigendum dated 30.6.2000, copy whereof is Annexure-D with the writ petition. Pursuant to this corrigendum, petitioner was shown at serial No. 4-A instead of 60 as originally shown in Annexure-A to Government Order dated 10.5.2000 . Thus after the issuance of corrigendum as aforesaid petitioner joined his duties and according to him, till date he was regularly performing his duties in H.S.S. Budhal. According to him, without any rhyme or reason as well as without hearing him, another Government Order No. 1269- Edu. of 2000 dated 4.12.2000 came to be issued by the State Government. Amongst other things, it is mentioned that petitioner was promoted as +2 Lecturer in Zoology vide Government Order No. 407-Edu. of 2000 dated 10.5.2000 w.e.f. 10.12.1992 on the basis of his placement in the seniority list of Post Graduate Masters/Teachers (Zoology) issued vide Government Order No. 634-Edu. of 1996 dated 20.4.1996. This assignment of seniority to the petitioner in the seniority list was on the basis of the fact that his having passed Post Graduation in Zoology discipline on 9.8.1984.

(3.) Since it was reported by the Director, School Education, vide his letter dated 21.11.2000 that the petitioner has actually passed his P.G. on 9.8.1994, as such Government came to the conclusion that petitioner was not eligible for promotion on 10.12.1992 nor he came within the zone of consideration for promotion on that date. In this background Government Order No. 407-Edu. of 2000 dated 10.5.2000 so far it relates to petitioner, stood cancelled.