PARVEENA AKTHER Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) Petitioner alleges that she is appointed to class -IV as Lab Bearer in Education Department under Order No. Co/ Camp/3014-16 dated June 29, 1995 issued by Chief Education Officer, Pulwama (respondent No. 3) and is posted in Government High School, Drabgam Zone, Shadimarg of District Pulwama. She is continuously working. She made representation but her regularisation is withheld. Rather she is under threat of discontinuance. She prays for mandamus against respondents for her continuance and regularisation of the arrangement in which she is ordered to work as Lab Bearer.

(2.) Respondents have filed reply through Director, School Education, Kashmir. It is denied that petitioner was ever appointed as class-TV in the department by any competent authority as claimed. The appointment order purported to be issued by Chief Education Officer. Pulwama bearing No. DDC/Edu/321 dated June 15, 1995 (Annexure P-1) is in fact no appointment in the eye of law, in as much as, the post of Lab Bearer to which petitioner is laying claim of appointment is not filed under SRO 240 of 1979 which provides for recruitment to such post. The desire of District Development Commissioner is not same thing as appointment by competent authority on recruitment through District Recruitment Board headed by the District Development Commissioner. This apart during 1990s when militancy was at its peak, a racket of fake appointments was detected in Education Department of District Pulwama. Once fake job appointment scam came to notice of Director, School Education on verification a list of fake appointees was drawn (Order No. 1779 of 1998 dated June 30, 1998). In this list the petitioner figures at S.No. 59. Despite being asked to explain her position, she has repeatedly failed to explain the same. Petitioners appointment is illegal and fake, therefore, she has neither any case for continuance nor for regularisation. It is also averred in the reply affidavit by Director, School Education that the father of petitioner one Habibullah Mir at the material point of time was a senior Assistant in Z.E.O. Shadimarg Zone of District of Pulwama, who managed her this fake appointment. Said Habibullah Mir is under suspension and criminal case is registered and the police is looking in the matter.

(3.) Obviously petitioners appointment cannot be said to be in order or valid. The appointment order Annexure PI appears not in conformity with the law, apart from the grave allegation that the appointment is fake and fraud, managed by the father of the petitioner who happens to be Sr. Asstt. in the Education Department at the material time and later placed under suspension after criminal case was registered against him and other officials of Education Department and some other persons.