MTR. MEHMOODA Vs. STATE OF J&K

JUDGEMENT

(1.) The appellant (hereinafter referred to as the plaintiff) has filed this Civil Second Appeal against the judgment and decree dtd. 17/10/2001 passerby learned Sub Judge (Forest Magistrate), Srinagar (hereinafter referred to as the trial court) as upheld by the learned Additional District Judge, Srinagar (hereinafter referred to as the 1st Appellate Court), vide its judgment and decree dated 30th of June 2003. Vide the impugned judgment passed by the learned trial court as upheld by the learned 1st Appellate Court, the suit of the plaintiff has been dismissed.

(2.) The case of the plaintiff before the trial court was that she was appointed as a teacher in the Education Department of the Government of Jammu and Kashmir in the pay scale of Rs.900.00"1830 in terms of order No.1368"1493 dtd. 8/5/1989 issued by the District Education Officer. It was pleaded by the plaintiff that initially she was appointed in Block Kangan where she remained posted till 1991 whereafter she was transferred to Zone Batamaloo and she served in Government School, Amirakadal, Srinagar. Vide order No.380DSEK of 1996 dtd. 3/12/1996, she was transferred from District Srinagar to District Budgam. It was further pleaded that the plaintiff was deputed to undergo the training course in the College of Education and was relieved by Zonal Education Officer, Budgam.

(3.) On 10th of February 1998, the Chief Education Officer, Srinagar, issued a notice to the plaintiff asking her to produce her appointment order and qualification certificates. This was done by the said officer under the directions of the Administrative Department. The plaintiff is stated to have caused her appearance and explained her position before the Chief Education Officer by informing him that the original records of her appointment are lying with the department. Thereafter vide order No.524 dtd. 3/4/1998, issued by Director School Education, Kashmir, Srinagar, the services of the plaintiff were terminated.