SHAHEENA FIRDOUS Vs. STATE

JUDGEMENT

(1.) THE identical questions of law are involved in both the above titled writ petitions, thus I deem it proper to decide both the petitions by this common judgment.

(2.) WRIT petitioner filed SWP No.53 1/1995 in this Court with the prayer that respondents be directed to allow the petitioner to hold the post of teacher without break till Shama Dhar rejoins her duties and also prayed that respondents be restrained from terminating the services of the petitioner on the grounds taken in the writ petition, which can be aptly and precisely enumerated at under; -

(3.) IT is averred in the writ petition that due to prevailing circumstances a section of the population migrated from Kashmir Valley. In order to overcome the difficulties and to gear up the Government machinery and to make educational institutions functional, State Government made a policy decision, whereby it was decided to fill -up the posts rendered vacant because of migration. State Government - respondents also framed rules for filling up the vacancies. The posts came to be filled up and candidates who came to be appointed against the said posts are holding the position from 1990 without any break.