PARKASH VERMA Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioner has filed this petition for quashing the following:

(2.) THE petitioners contention is that she joined the service as School teacher and because of her merit and capability and also seniority, she was promoted as headmistress vide Govt. order No. 279 -C of 1955 and was later on confirmed in the gazetted cadre with effect from 11 -1 -1957. She was promoted as Tehsil Education Officer (TEO, for short) on 27 -7 -1976. She is senior to respondents 2, 4, 5 & 6. She was promoted as DEO and was posted at Rajouri vide Govt. Order No. 1544 -Edu. of 1979 dated 15 -10 -1979. Her juniors, namely, Smt. Satwant Chopra and Smt. Haleema Mufti, were promoted to the post of DEO earlier and no reasons were given in the orders superseding her. She continued to function as DEO, Rajouri when suddenly, respondent No. 1 passed Govt. order No. 811 of 1980 dated 31 -5 -1980 by which respondent No. 2 was appointed and promoted as DEO Rajouri in her place under the false colour of transfer throwing her to winds without giving any specification. She was then demoted and transferred under Govt. order No. 285 of 1981 dated 19 -2 -1981 by which she was transferred and adjusted as Assistant Director, Non -formal education, in the office of Deputy Director, Education (Girls), Jammu. She was, however, recognized as DEO, vide part first of Govt. order No. 697 -Edu. of 1981 dated 7 -4 -1981 by virtue of which she was treated on duty against the available; post of DEO, Rajouri with effect from 1 -6 -1980 to the date of her joining as Assistant Director, Non -formal Education. But while ordering and according the sanction to the transfer of the petitioner from the post of DEO, Rajouri, with effect from 1 -6 -1980, mention was made upto the date of joining the petitioner as Assistant Director Non -formal Education, to the office of Director, School Education (Girls), thus ordering her demotion to the post of Assistant Director. Respondent No. 1 then passed another Govt. Order No. 900 of 1981 dated 28 -5 -1981 by which respondents 2, 4, 5 and 6 were appointed as Distt. Education Officers but she was ignored. She did appear before the J&K Public Service Commission (PSC, for short) and was told about her being selected by, the said Commission.

(3.) SHRI P.L. Raina, Deputy Secretary to Govt., Education Deptt., Jammu, has filed objections on behalf of respondent No. 1 averring there in, that Govt. Order No. 811 of 1980 dated 31 -5 -1980, transferring Smt. Haleema Mufti were purely a stop -gap arrangement with the condition that it would not confer any right on her to the post of DEO, Rajouri and this order was necessitated because the Petitioner had herself, proceeded on leave. The petitioners substantive position was that of a TEO and the Govt. order No. 285 -Edu. of 1981 had not in any manner adversely affected the petitioner as the post of Assistant Director, Non -formal Education, carried the same pay -scale. The promotion to the post of DEO was subject to selection by the Deptt. Promotion Committee/PSC and seniority was no basis for such promotion. Vide Govt. order No. 1944 -Edu. of 1979 dated 15 -10 -1979, the petitioner was temporarily adjusted as DEO, Rajouri in her own pay and grade and it was made clear in the said Govt. Order that the adjustment of the petitioner would not confer any right or claim for being given a preferential treatment at the time of regular selection, Govt. Order dated 7 -4 -1981 was passed with a view to enable the petitioner to draw her salary for the period she remained unadjusted after respondent No. 2 had temporarily joined as DEO Rajouri. The PSC cleared 20 persons including the petitioner. The petitioner figured at No. 18 of the merit list conveyed by the PSC. Respondents 2, 4, 5 & 6 who held positions at S. Nos. 12, 6, 7 & 11 respectively in the list and a position higher than the petitioner, were appointed as DEOs.