NISSAR AHMAD PARRAY Vs. STATE

JUDGEMENT

(1.) PETITIONER seeks a direction to the respondent to allow the petitioner to discharge his duties against the post of Junior Librarian in terms of his valid appointment order and also to draw and disburse to his withheld salary from November, 1997 alongwith increments.

(2.) PETITIONER has averred in the petition that on the instructions of the Education Minister vide his letter no. Edu -Min/Appt -265 dated 1.7.1988 the petitioner was appointed by the Director School Education for a period of 89 days which term was again extended on the instructions of the Education Minister vide his letter no. 390 dated 29.8.1999 communicated to the Director Education, vide his letter no. 26412 -16 dated 31.10.1988 with usual break of 89 days. The services of the petitioner there after came to be regularised vide order dated 5.8.1989 by the Director School Education.

(3.) IT is also averred in the petition that in the year 1996, a scandle of alleged fake appointments came to limelight. The Director School Education sought for the record of the various appointees including the petitioner from the Principal Government Higher Secondary School IDH Pora, where petitioner after his initial appointment was posted. Record was sent for by the respondent no. 2 from the Principal of the said school. The Principal sent the record to the respondent no. 2 through his clerk namely Mohd. Yousuf Beigh and peon Mohd. Yousuf Malik on 5.2.1996. While they were in the way travelling by bus, they were intercepted by some unknown gunmen. The whole record alongwith an amount of Rs. 22000/ - was snatched away from them. FIR No. 336/1996 has been registered in police station Kulgam. The appointment of the petitioner is valid and not fake. Respondents have stopped the salary of the petitioner from November, 1997 on the ground that the appointment of the petitioner has been found fake.