NAZA BANOO Vs. STATE OF J AND K

JUDGEMENT

(1.) On consideration all the three petitions are admitted to hearing and at request, taken up for final disposal.

(2.) Ms. Naza Banoo D/O Abdul Ahad Malik R/O Qasba Khull, Tehsil Kulgam, Petitioner in SWP No. 106/2007, who figures as Respondent No. 8 in SWP No. 153/2007 and Respondent No. 6 in SWP No. 386/2007, responded to an advertisement notice issued by Zonal Education Officer, DH Pora, on 26.11.2001 inviting applications from the eligible candidates for engagement as ReT in Girls School, Khul. Ms. Naza Banoo, was selected and vide order No. ZDHP 635-36 dated 03.12.2001 engaged as ReT in aforesaid school on a monthly honorarium of Rs. l500/-for a period of one year. Ms. Naza Banoo after serving the department in the said capacity for a period of five years claimed regularization of her services with effect from 04.12.2006 i.e. the date when she completed five years as ReT. The claim laid by Ms. Naza Banoo for regularization of service, however, got delayed due to an enquiry initiated on complaint of one Nissar Ahmad Malik (Sh. Malik, hereafter), Petitioner in SWP No. 153/2007, questioning her initial engagement. Sh. Malik complained that he was not considered for his engagement as ReT in said school, notwithstanding his superior merit as against the merit of Ms. Naza Banoo.

(3.) The Deputy Chief Education Officer, Anantnag with HQ at Kulgam, entrusted with the enquiry, found Ms. Naza Banoo, not entitled to be engaged as ReT and concluded that one Nayeema Akhter, having qualification of B.A, B. Ed., and higher merit though not empanelled by the Zonal Education Officer, D.H. Pora, deserved to be engaged as ReT and that on surrendering her right, the candidate next in the order of merit was to be engaged against the advertised post.