NEETU GANDOTRA Vs. STATE OF J&K AND ORS.

JUDGEMENT

(1.) Pursuant to Govt. Order No. 491-Edu of 2013 dated 23.04.2013, sanction has been accorded to the change of date of regularization of petitioner (Neetu Gandotra), Senior Lecturer (Mathematics) as Lecturer w.e.f. 29.11.1995 instead of 03.09.1993 on notional basis. Furthermore, change of date of regularization of Miss Pinki Gupta (respondent No. 3) Senior Lecturer (Mathematics) w.e.f. 03.09.1993 on notional basis and on regular basis w.e.f. 07.06.2006. Aggrieved thereof, the petitioner has challenged the said order by the medium of writ petition-in-hand contending therein that order has been passed in arbitrary manner that too after a long gap to the disadvantage of the petitioner. For appreciating the controversy, it shall be appropriate to notice the factual background as emerge from the pleadings of the parties.

(2.) The petitioner has been appointed as Teacher in the Education Department on 18.11.1992 then was promoted as Master on 01.10.1994 whereas respondent No. 3 has been appointed as Teacher on 05.09.1985 and promoted as Master on 21.01.2004. At the level of first appointment as Teacher, admittedly respondent No. 3 was appointed prior to the petitioner.

(3.) Government Order No. 1491-Edu of 2002 dated 31.12.2002 pertains to regularization of Incharge Lecturers + 2 Schools of School Education Department. In the said order, it has been mentioned that issue of regularization of services of various gazetted cadres, who were working in the Incharge capacities was discussed a number of times and it was considered opinion of the Department that one time departure from the prescribed procedure shall have to be made and all officers at all gazetted levels working at present in their own pay and grade should be confirmed by relaxing the rules requiring regular promotion. This was practically the only option available with the Department to clear the huge backlog of promotions including those who were placed as such irrespective of their seniority positions. The case was re-examined in the department and submitted to the cabinet with the following resolution for approval:-