MUZAFFAR AHMAD RESHI Vs. DEPUTY COMMISSIONER & ORS.

JUDGEMENT

(1.) By the medium of this writ petition, the petitioner is seeking to quash his termination order, bearing No.ZEO/T/2011/199-202 dated 26.07.2011 issued by respondent no.4, with a direction to the official respondents to allow the petitioner to resume his duties, on the grounds taken in the writ petition.

(2.) Precisely, the case of petitioner is that Primary School Chewa Ullar, Tral, was upgraded to Middle School in the year 2002. Thereafter, an advertisement notice came to be published by respondent no.4 inviting applications from eligible candidates for filling up three posts of Rehbar-e-Taleem (Teacher) in the upgraded Middle School, Chewa Ullar, Tral. He along with others applied and was placed in the approved select list, but was not engaged. He was, thus, constrained to approach the Deputy Commissioner, Pulwama. Meanwhile, another advertisement notice was published by respondent no.4 under No.ZEOT/SSA/04/46 dated 10.09.2004, inviting applications from eligible candidates for filling up the posts of Rehbar-e-Taleem Teachers in the said School. The Village Level Committee recommended the name of petitioner with other eligible candidates and, thereafter, the petitioner was engaged vide order dated 03.02.2005. He was confirmed as a General Line Teacher by the Directorate of School Education, Kashmir, vide order dated 25.05.2010. It is contended that respondent no.4, thereafter, without hearing the petitioner, arbitrarily and without jurisdiction terminated his services vide order dated 26.07.2011. Aggrieved by the same, the petitioner has challenged the said order by medium of this writ petition.

(3.) Respondents 2, 3, 4 & 7 have filed objections, resisting the writ petition. Respondents 1 & 5 have adopted the reply filed by respondent no.7.