SAKEENA AKTHER Vs. STATE AND ORS.

JUDGEMENT

(1.) PETITIONER was engaged as ReT and after satisfactory completing five years of service was absorbed as General Line Teacher vide Order No. 838 DSEK of 2008 Dated 19th April 2008, issued by respondent No.2. The respondent No.3 vide order dated 25th Nov. 2009 transferred the petitioner from Primary School Khiram Gojran to Primary School Khiram on the available post. The petitioner complied with this transfer order and joined at her new place of posting viz Primary School Khiram. The transfer order provided that the teacher will be adjusted in Primary School Khiram Gojran.

(2.) MR . Jan, ld counsel for petitioner submitted that the petitioner after she was absorbed as General Line Teacher became member of service constituted in terms of J&K Education Subordinate Recruitment Rules and ceased to be ReT. Ld counsel submitted that the petitioner was transferred by the competent authority from one school to another school. After one year the transfer order was cancelled by respondent No.4 on a ground which is unknown to law. Ld counsel, accordingly, prayed for allowing the writ petition.

(3.) MR . Naik, ld AAG submitted that a policy decision has been taken by the Government to retain all such ReTs " even after their absorption as General Line Teacher in the same school where they were engaged as ReTs". Ld counsel submitted that the transfer of petitioner to another school resulted in public outcry, which constrained the authorities to revert back the petitioner to Primary School Khiram Gojran. Ld counsel submitted that the order is legal and writ petition merits dismissal.