NAHEED SOZ Vs. STATE OF JK & ORS

JUDGEMENT

(1.) In this writ petition, the petitioner, has craved the indulgence of this Court in quashing the order bearing No. 1192-GAD of 2005 dated 27th of September, 2005, and the communication No. GAD(Ser)Genl-25/96 dated 17th of September, 2010, attached to the petition as Annexures "E" & "H", respectively.

(2.) The facts germane to the decision of the petition on hand are that in the year 1986, the petitioner was appointed as Junior Research Officer in the Institute of Management and Public Administration (IMPA), Srinagar, vide an order bearing No. 127/IMPA/86 dated 17th of December, 1986. By another order dated 13th of June, 1987, the petitioner was deemed to have been appointed as Lecturer/Research Officer with effect from the date of her initial appointment in the IMPA. It is stated in the writ petition that in the 5th meeting of the Executive Council of the IMPA, held in the year 1989 and headed by the then Chief Minister, the services of the employees of the IMPA were ordered to be made pensionable. However, because of the pendency of the matter with the Administrative Department for working out certain modalities, the said order could not be implemented.

(3.) It is further urged that on the 30th day of October, 1998, by an order of the General Administration Department (GAD), Govt. of J & K, bearing No. 1437- GAD of 1998, the petitioner, who had been promoted to the post of Assistant Professor in the IMPA, was transferred and posted as Development Officer, J & K Women Development Corporation with immediate effect. It is further pleaded that since this arrangement did not put the petitioner to any disadvantage, therefore, she accepted the assignment. The petitioner was permanently absorbed in the service of the Corporation on the 24th of January, 2001 and was promoted to the post of General Manager in the year 2004 by taking into consideration her past service rendered in the IMPA.