SANJEEV MANGOTRA Vs. STATE AND ORS

JUDGEMENT

(1.) Instant Letters Patent Appeal has been filed against judgment dated 11.05.2016 rendered by the learned Writ Court dismissing SWP No. 930/2016 titled 'Sanjeev Mangotra vs. State of J&K and ors' whereby challenge was made to Government Order No. 836-DSEJ of 2016 dated 16.02.2016 transferring the appellant to Girls Higher Secondary School Billawar.

(2.) Brief facts of the case leading to the filing of the instant Letters Patent Appeal are that the appellant, who was working as Lecturer, Political Science, Girls Higher Secondary School R.S.Pura was transferred to the Higher Secondary School Bani vide Government Order No. 368-Edu of 2015 dated 28.07.2015 against available vacancy. In the meantime, respondent No.4 who was awaiting orders of posting in the office of respondent No.2., on representation by his wife for posting of her husband to Jammu city on ground of their two minor children being medically handicapped (hearing impaired) was transferred and posted at HSS Bani. Consequentially, appellant, who had been transferred to HSS Bani from R.S.Pura vide order 28.07.2015 was not allowed to join on account of the post against which he had been transferred had already been filled up. In the circumstances, the appellant was attached in the office of respondent No.2 awaiting adjustment.

(3.) While appellant was awaiting orders of adjustment in the office of respondent No.2, order dated 14.08.2015 was passed by respondent No.2 directing that all Lecturers, who were awaiting adjustment etc would be deemed to have been relieved and were to report to the office of concerned Chief Education Officer. Consequent thereto, the appellant reported in the office of respondent No.3, but was not given any posting on account of non availability of vacant post as evident from statement Annexure D dated 18.09.2015 issued by respondent No. 3. Thus, the appellant was rendered surplus due to non-availability of vacancy of Lecturer.