KUSUM BALA Vs. STATE & ORS.

JUDGEMENT

(1.) The challenge in this petition is to Order No. 1186-90, dated 08.07.2002 issued by the Director School Education, Jammu, Respondent No. 2 herein (annexure "A" to the writ petition), whereby the case of petitioner for her appointment on regular basis against the post of Junior Assistant has been rejected on the ground that she has already become over-age as on 01.01.1990.

(2.) The facts as revealed are that on the recommendations of the then Speaker, the then Education Minister ordered appointment of petitioner on adhoc basis till the final selection is made by the selection agency. Accordingly, the Additional Secretary to Government, Education Department vide Communication No. Edu/GD/APPTT/85/455, dated 22.04.1985 directed the Director School Education, Jammu to take necessary steps in the light of the order of the then Education Minister. Consequently, vide Order No. 798-80, dated 29.04.1985 the petitioner was posted in Government Higher Secondary School, Basohli on ad hoc basis against a vacant post. The tenure of petitioner was extended from time to time till 15.03.1986 when her services were brought to an end after the issuance of a general Circular by the Government on 13.03.1986, whereby it was ordered that the services of all adhocees be terminated.

(3.) Petitioner challenged the said action of respondents in SWP No. 795/86. The said writ petition came to be allowed by this Court on 25.04.1989 with a direction to the official respondents to treat the petitioner to be in continuous service. Against the said judgment, the official respondents preferred LPA No. 19/1989, which too came to be dismissed on 18.05.1993. It is contended that the petitioner continued to attend the office daily but she was not allowed to mark her attendance. However, it is averred that an amount of Rs. 15,473.00 as pay arrears was disbursed to her in the year 1995.