ANITA RAINA Vs. STATE

JUDGEMENT

(1.) In pursuance of the advertisement issued by the Jammu and Kashmir Service Selection Board, petitioner came to be appointed as Junior Assistant in the pay scale of 3050-4590. She was posted at Baramulla. This is apparent from Annexure A. Petitioner submits that she reported for duty on 31.7.1999. She continued to perform her duty. Her service book was also prepared. Requisite entries were made in the service book. Thereafter petitioner is said to have received threat calling upon her to leave the valley. She was threatend that if she continues to stay then she would be physically eliminated. She further sates that earlier her father was also being given threats. It is on account of threat perception she was forced to leave the valley. It is submitted that she should be treated as migrant. She should be given all those facilities which have been given to migrants.

(2.) Writ petition stands admitted. Counter has not been filed.

(3.) Assertion of the petitioner that she was under threat and she had to come to Jammu is taken as correct. Another factor which is required to be taken note of is that on 1.1.2001 an order was passed by the respondents. By this order Vinod Kumar and Om Prakash who came to be appointed alongwith petitioner at Baramulla have been allowed the migrant salary. For facility of reference this order is being reproduced below:-