SHABIR HUSSAIN Vs. STATE AND OTHERS

JUDGEMENT

(1.) The instant appeal has been filed against the order dated 09th August, 2017 passed by the learned Single Judge in SWP No. 1401/2012, disposing of the writ petition with a liberty to pursue the alternate remedy as provided by law. The short question that arises for consideration in this appeal is whether the petitioner does have an alternate remedy and what will be the appropriate relief that should have been granted in the light of the factual situation that arises in the instant case.

(2.) The appellant/writ petitioner claims that he was engaged by respondent No. 4, i.e., Zonal Education Officer, Balakote as Education Volunteer (EV) in EGS Centre Kala Chiti Batti. This order was issued on 26th September, 2005. The appellant pleads that he was paid remuneration of Rs. 1000/- (Rupees One Thousand) per month. He worked for more than five years and, therefore, he pleads that he should be converted as RET with effect from the year 2010. He filed a writ petition bearing SWP No. 278/2010, seeking certain reliefs, which came to be dismissed as withdrawn with a liberty to file a fresh writ petition.

(3.) The fresh writ petition bearing SWP No. 1401/2012 was filed, notice was issued and in the Miscellaneous Petition, a direction was issued to accord consideration to his claim. Based on the interim direction of this Court, Director School Education, Jammu vide order No. DSEJ/Legal/4352-53 dated 27th July, 2013 appointed the Joint Director (Trg)/Principal State Institute of Education Jammu as an Inquiry Officer.