NIGHAT HAMDANI Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioner, including all other eligible teachers, 185 in number, came to be promoted as Masers/Head teachers on stopgap arrangement in their own pay and grade. The petitioner posted as teacher in Government Boys High School, Rainawari, was also promoted as Master in her own pay and grade and appears to be figuring at serial No. 110 in Order No. 1780 DSEK of 2009 dated 08.09.2009. In terms of the order aforementioned, the petitioner was required to report to the office of the Chief Education Officer, Ganderbal, for further posting within the stipulated time of seven days. Case of the petitioner is that she was relieved by Headmaster, Government Boys High School, Rainawari on 08.03.2010, and, consequently, submitted her joining report on the same date in the office of respondent No. 4-CEO, Ganderbal. Thereafter, Respondent No. 4 addressed a communication dated 15.03.2010 to respondent No. 3 requesting him to get the promotion order of the petitioner revalidated by respondent No. 3-CEO, Srinagar, and directed the petitioner to report back in the office of the respondent No. 3. On 18.03.2010, respondent No. 3 sent a communication to respondent No. 5, asking him to allow the petitioner to continue her duties until her promotion order could be got revalidated from respondent No. 2, Director, School Education, Kashmir. He has also requested the respondent No. 2, to reconsider the promotion order of the petitioner to resolve the dispute. However, it did not evoke any response from the office of respondent No. 2. According to the petitioner, a communication came to be addressed to respondent No. 5 on 18.03.2010 by respondent No. 3, which prompted the respondent No. 5 to allow her to continue until her promotion order would be got revalidated from respondent No. 2. It is seen from the record of the writ petition that respondent No. 5 has specifically mentioned in his communication dated 01.05.2010 forming annexure P-H, to the writ petition that the order of promotion in respect of the petitioner has not been dispatched to his office and it was the petitioner herself who approached the office of respondent No. 3 and received her promotion order on 03.03.2010 from the establishment section of the said office.

(2.) It is stated that the action of the respondents in not revalidating the promotion order resulted in jeopardizing the legal rights of the petitioner and subjecting her to harassment, mental pain and agony.

(3.) Writ petition came to be admitted to hearing on 23.09.2013 and the reply filed by respondents was treated as counter on their behalf at the request of learned appearing counsel for respondents. The respondents have resisted the averments made in the writ petition and it is pleaded that the petitioner was adjusted as Incharge Maser pursuant to Order No. 1780-DSEK of 2009 dated 08.09.2009, issued by respondent No. 2, whereby the petitioner was directed to report for posting in the office of respondent 4. It is further pleaded that it was specified in the order of promotion that the promotees shall report for further adjustment within seven days of the issue of order failing which their placement shall be treated as cancelled ab initio. Furthermore, the petitioner was relieved by the Headmaster, Government Boys High School, Rainawari, on 08.03.2010 and on the same date she joined in the office of respondent No. 4, who in turn addressed a communication dated 15.03.2010 which revealed that since the order of adjustment had validity of seven days, as such, the order may be got revalidated as the petitioner had extended the limit of seven days. Respondent No. 3 accordingly, directed the Headmaster, Boys High School, Rainawari, to allow the petitioner to continue till revalidation of her promotion order is settled at directorate level. Further the respondent No. 5 was directed to explain the reasons of not relieving the official after considerable delay when the order has lost its validity.