RAZWANA KAUSAR Vs. STATE OF J&K AND OTHERS

JUDGEMENT

(1.) Both these petitions are inter-connected and pertain to same subject and, therefore, are disposed of by this common judgment.

(2.) The further case of the petitioner is that when she was not accorded consideration for conversion as RET, she filed SWP No. 111/2010, which was disposed of by a Bench of this Court on 16.10.2012 by directing the respondents to accord her the same treatment as had been accorded to the similarly situated candidates shown in Annexures E-1 and E-2 of the writ petition and convert the petitioner into RET from the date the EGS centre was upgraded to Primary School. Respondents were granted eight weeks' time to take a decision in this regard. It is alleged by the petitioner that the aforesaid judgment of the Court was not complied with, which constrained the petitioner to file a Contempt Petition registered as COA No. 261/2013. While the contempt petition was pending, the respondents started process for regularizing the services of respondent No.5 as RET against the post held by the petitioner in the EGS centre Nakar Dharati. It is submitted that respondent No.5 was never engaged as EV in the EGS centre Nakar Dharati and, therefore, was not entitled to be regularized as RET in the upgraded EGS centre Nakar Dharati. Despite the fact that the petitioner was entitled to be converted as RET in the upgraded EGS centre Nakar Dharati being EV of the aforesaid centre, the respondent No.4 vide his Order No. ZEOB/SSA/319-21 dated 19.06.2013, allowed the petitioner to work as surplus RET in Zone Balakote. This was done by the respondent No.4 on the ground that two posts of RET in Primary School, Nakar Dharati were formally occupied and that petitioner who was required to be appointed as RET pursuant to the directions passed by this Court in SWP No. 111 of 2010 was surplus.

(3.) With the grievance that respondent No.5, who was never appointed as EV in EGS Nakar Dharati yet was illegally converted to RET in the upgraded Primary School, Nakar Dharati ignoring the claim of the petitioner, the petitioner has approached this Court through the medium of instant petition.