SUROOP SINGH Vs. STATE OF J&K AND OTHERS

JUDGEMENT

(1.) The unfortunate circumstances, into which State of Jammu and Kashmir, more particularly, Kashmir Valley was ushered into in the year 1988-89, brought in its wake misfortunate to different sections of the society. Some members of the society/a section of population, because of the abnormal circumstances were compelled to migrate from their native places/to other places. Due to migration of section of population, the working of the Government Offices/Institutions including Educational Institutions was adversely affected. At one point of time, the working of some of Government offices and Educational Institutions came to a grinding halt. The State Government, in order to tide over the difficulties to which the people of State, more particularly, of the Kashmir Valley were subject to, took series of policy decisions including of one of filling of the posts which were rendered vacant because of the migration of the section of population.

(2.) The present case reveals that some twenty two teachers and two orderlies of the Education Department from the farflung area viz. Karen of District Kupwara migrated to POK. Because of migration of these teachers, the educational career of the students of the area suffered badly. The Government, in order to ensure that the adequate support system is provided to the students of the area, took decision to fill up these posts of teachers. Amongst others, the petitioner was also appointed as teacher in Primary School, Patru on 14th December, 1993. The petitioner is having academic qualification of M.A. in Economics.

(3.) The State Cabinet, vide Cabinet Decision No. 79/4 dated 11th May, 2006, took policy decision to accord consideration for regularization of services of the migrant substitutes. Government Order No. 610-GAD of 2006 dated 16th May, 2006 was issued. Besides others the case of the petitioner was also referred to Empowered Committee constituted in terms of Government order No. 610-GAD of 2006 dated 16-05-2006 for regularization of his services. His claim was not accepted as it was observed that the post has not fallen vacant due to migration but for a different reason viz. crossing over to POK. The Director School Education, Kashmir was asked by Administrative Department to provide documentary evidence in support of his statement. The authorities of the Education Department of District Kupwara exchanged series of Communications on the subject. The Zonal Education Officer, vide Communication dated 27th December, 2007, informed the Chief Education Officer, Kuwpara that the terms and conditions of migrants squarely applied to the case of the petitioner as well, as he has been appointed as migrant substitute and continues to work as such.