MEHRAJ-UD-DIN ASHAI Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioner, a retired teacher, has filed this writ petition seeking quashment of order No. 5553-DSEK of 2003 dated 02.12.2003 issued by Director, School Education, Kashmir, whereby and whereunder the period of his service from 29.11.1994 to 01.04.2002 has been treated as leave whatever kind due to him. Further, the petitioner has sought writs in the nature of mandamus to command the respondents to release the petitioner's emoluments alongwith all arrears of pay, allowances etc. together with interest; and to settle, finalize and release his retiral benefits/pension alongwith interest. This case, it may at the outset be observed, depicts a pathetic story of a government servant and the extreme apathy demonstrated by the concerned functionaries of the Education Department, from time to time, towards his plight. The height of administrative slackness and callousness on the part of the concerned departmental authorities can be gauged from the fact that after the petitioner had attained the age of superannuation on 31.05.2002, he was issued a charge sheet dated 20.06.2002 on the allegation of having been found absent from duty on 15.06.2002. Not only that, vide notice dated 30.09.2002 issued under the signatures of Director, School Education, Kashmir, published in Srinagar Times in its issue dated 1.10.2002, the petitioner was required to resume his duties or show cause within a week's time as to why action should not be initiated against him, failing which, he was informed, his services shall be terminated under Article 128 of the J&K CSRs. This, despite the fact that the petitioner, responding to the charge sheet dated 20.06.2002 served on him by the Chief Education Officer, had, on 02.08.2002, informed the authorities that the charge sheet was unwarranted as he had retired on 31.05.2002. Thus, this is a glaring example of tossing the fate of a government employee, not on basis of facts, but on mere dreamed up perceptions.

(2.) The petitioner had been appointed as a teacher on substantive basis in terms of order No. A-1/2586-90 dated 06.08.1964 issued by the then District Inspector of Schools, Srinagar. On 20.09.1994, while he was posted as teacher at Government High School, Wanghat, the Chief Education Officer, Srinagar, issued order No. CEO/12346-12400, effecting transfer of about 120 teachers in the district. Petitioner, whose name figured at serial No. 99 of the said order, was ordered to report to Zonal Education Officer, Gulab Bagh, against an available post. The order carried the following dicta:

(3.) It is averred fn the petition that consequent upon the above, he reported for duty before the Zonal Education Officer, Gulabbagh, respondent No. 4 herein, on 29.11.1994 itself. However, it is averred, respondent No. 4 did not issue his adjustment orders, for respondent No. 4 could not locate the available post. On account of non-adjustment of the petitioner, his salary could not be withdrawn. Faced with this situation, where the petitioner, on the one hand, was not adjusted in any School and, on the other hand, was left without salary, he is stated to have made a representation dated 27.12.1994 to the Chief Education Officer, Srinagar, respondent No. 3 herein, which was duly received in his office under receipt No. 5752. In the said representation, the petitioner made the following prayer: