LAWS(J&K)-2013-12-38

SHAFI CHOWDHARY Vs. STATE OF J. & K.

Decided On December 30, 2013
Shafi Chowdhary Appellant
V/S
STATE OF J. AND K. Respondents

JUDGEMENT

(1.) Petitioner, while he was working as teacher in the Education Department at High School Rajouri, was transferred vide Government order No. 1176-Edu of 1988 dated 11.11.1988 and posted as Warden, Gujjar and Bakerwal Hostel, Srinagar. At the relevant time, the said Hostel is stated to have been under the control of Education Department. Subsequently, its control is stated to have been transferred to Social Welfare Department. It is averred in the petition that, in this connection, the Government in the General Administration Department issued Order No. 1163-GAD of 1991 dated 29.11.1991 according sanction to the transfer of Advisory Board for the Development of Gujjar and Bakerwals alongwith various posts and staff sanctioned there for and its placement under the charge of the Social Welfare Department. Consequent upon the issuance of the aforesaid order, the petitioner alongwith other staff members of the Advisory Board also were permanently transferred and given under the control of the Social Welfare Department. The petitioner was also released the grade attached to the post of Warden in terms of Government order No. SW-150 of 1977 dated 08.07.1997. Thereafter, the petitioner's lien in the Education Department was terminated vide Government order No. 767-Edu of 2000 dated 11.07.2000. Thus, he ceased to be an employee of the Education Department. Subsequent thereto, vide Government order No. 207-SW of 2000 dated 24.10.2000, the petitioner was posted as Child Development Project Officer, Budgam, in his own pay and grade. Meanwhile, it appears that in the year 2004, salary of the petitioner was withheld. The petitioner, claiming to be an employee of the Social Welfare Department, filed writ petition, SWP No. 1921/2004, in which, it is stated, an interim direction was passed directing the respondents to consider the case of the petitioner for assigning him the duties commensurate to his status. The matter also appears to have been taken up by the General Administration Department with the Education Department in response whereto the Under Secretary to Government, Education Department, informed the Principal Secretary to Government, General Administration Department, that the petitioner's lien in the Education Department stood terminated vide Government order dated 11.07.2000 and that the petitioner no longer was on the establishment of the Education Department. Ultimately, the General Administration Department addressed communication No. GAD-Ser(KAS)21/2005/372 dated 03.04.2007 to the Secretary to Government, Social Welfare Department, directing him to issue adjustment orders in favour of the petitioner against suitable post in Social Welfare Department. Pursuant thereto, vide Government Order No. 175-SWD of 2007 dated 16.07.2007, the petitioner was posted as Child Development Project Officer, Pulwama, against an available vacancy. As a sequel thereto, the petitioner is stated to have withdrawn his aforesaid writ petition, SWP No. 1921/2004. Thereafter, the petitioner has been transferred and posted in the Social Welfare Department from time to time on various posts.

(2.) The petitioner had been requesting the respondents to determine and fix his seniority in the Social Welfare Department which requests have not been paid any heed. The petitioner filed writ petition, SWP No. 1715/2009. Vide order dated 12.11.2009 the respondents were directed to treat the writ petition as representation and consider his case for fixation of his seniority. Since despite court orders to the aforesaid effect the respondents did not consider the case of the petitioner, he is stated to have filed contempt petition No. 215/2010. The respondent No. 2 instead of according consideration to the case of the petitioner as put forth by him in his aforesaid writ petition, has issued OM No. SWB/Gaz/38/07 dated 31.05.2010 addressed to the Secretary to Government, School Education Department, requesting him to revoke Government order No. 767-Edu of 2000 dated 11.07.2000 and revive the lien of the petitioner in the Education Department. The petitioner has challenged the aforesaid OM dated 31.05.2010 in this writ petition.

(3.) Respondent No. 1, Commissioner/Secretary to Government, General Administration Department, in its objections/reply to the writ petition has, inter alia, stated that the Education Department has not called any comments from the Social Welfare Department before termination of lien of the petitioner. In the said backdrop, the Social Welfare Department vide the impugned memo has requested the Education Department to rescind the Government order No. 767-Edu. of 2000 dated 11.07.2000 where under the lien of the petitioner was terminated from Education Department.