SHAHEEN AKHTER Vs. STATE

JUDGEMENT

(1.) THE petitioners through the medium of this petition are seeking a writ of mandamus directing the respondents to absorb the petitioners regularly in the Education Department in terms of Government order No. 649 -Edu of 1985 dated: 9 -10 -1985 from the date 41 teachers contained in the said order were absorbed. The petitioner have submitted that the petitioners No.1 worked in the education department as teacher on adhoc basis and in leave arrangements for a period of seven year since 1977 to 1983. The petitioners No.2 also worked as teacher on adhoc basis and in leave arrangements with effect from March, 1977 till July, 1982. The respondents have issued the Government order dated: 9 -10 -1985, referred to above, adopting a policy that the candidates who have worked as teachers against leave or other vacancies for more than two years prior to 15 -12 -1983 be absorbed regularly in the Education Department as teachers. The condition of their selection through selection agency will be deemed to have been relaxed in pursuance of Rule 14 of Jammu and Kashmir Civil Service (Decentralisation of and recruitment to non -gazetted cardre) Rules, 1969. The petitioners have further submitted that they were also qualified for being absorbed as regular teachers on the basis of the said policy. The petitioners have annexed communication No. Ang/long leave 795 dated: 15 -4 -1987 (annexure B to the petition), issued by the respondent No - 2, addressed to the Commissioner/Secretary to Govt. Education Department suggesting regularisation of candidates working [SIC] long leave arrangements. As per annexure B to this communication the bio -data of the petitioners reveal that the petitioner No.1 has worked in the leave arrangement from 3 -6 -1977 to 14 -12 -1983 with breaks and petitioner No.2 from 17 -3 -1977 to 31 -3 -1982 with breaks. It follows that both the petitioners have worked for over [SIC] five years and were eligible to be considered for absorpition in terms of the Government order dated: 9 -10 -1985. The respondent No.2â„¢s (Director School Education) communication dated: 15 -4 -1987 reveals that the petitioners do not fulfill the condition of eligibility for being absorbed as regular teachers. The respondents have not filed the counter affidavit to rebut the legal and factual averments.

(2.) I have heard the learned counsel for the parties and perused the record.

(3.) THE contention of the petitioners is that they should have been considered by the respondents for their absorption as teachers and they deserve similar treatment which has been granted to the 14 candidates similarly situated and absorbed in terms of Govt. order No. 649 -Edu of 1985 dated: 9 -10 -1985. The respondents have not come forward to oppose this petition and in absence of the counter of the respondents, the averments of the petition are required to be treated as true.