MEENAKSHI SHARMA Vs. STATE AND ORS

JUDGEMENT

(1.) Respondent No.3 vide Advertisement notice No.CEOU/SSA/3498- 3512 dated 21.05.2010 invited applications from the eligible candidates for engagement as ReTs in various schools of District Udhampur. Amongst the posts notified for the engagement as ReTs in District Udhampur, one post of ReT in Government Middle School Jandrari of revenue village Thaplal, Zone Ramnagar had been notified. The subsequent notification was also issued to fill up two posts of ReTs in Primary School Upper Go-to-thill falling in the same Revenue village i.e Thaplal. The petitioner claims that he responded to both the aforesaid Advertisement notifications.

(2.) Grievance of the petitioner as projected in this petition, however, is that without there being any reason or justification, respondent No.4 issued another order bearing No.ZEO/R/SSA/3473-74 dated 18.11.2013 once again engaging the petitioner as ReT in Government Middle School Jandrari. This order too had a reference to some approval granted by respondent No.2 vide order No.DSEJ/RET/8692 dated 08.11.2013. The petitioner has, however, admitted that pursuant to the aforesaid order, she submitted her joining report once again. It is claimed that the petitioner is entitled to the salary and other benefits flowing from the order dated 08.11.2013 and not the subsequent order issued by respondent No.4 dated 18.07.2013. It is also urged that despite the fact that the petitioner has performed his duties in the school in question w.e.f 08.07.2013 to 18.11.2013, her salary has not been released for the aforesaid period.

(3.) On being put on notice, the respondents have filed their objections. The respondents have sought to justify the subsequent order issued by respondent No.4 dated 18.11.2013 on the ground that the earlier order issued by respondent No.4 dated 08.07.2013 was without the approval of respondent No.2. It is submitted that respondent No.2 vide order No.DSEJ/RET/S/3093 dated 27.06.2013 directed respondent No.3 to submit tentative ReT Panel of Primary School Upper Go to thill after it is displayed in the concerned revenue village. In the aforesaid background, it has been pleaded that there was a reference to the case of the petitioner also which had been considered by respondent No.2 for her engagement as ReT in Government Middle School Jandrari. It is, thus, submitted that earlier order passed by respondent No.4 on 08.07.2013 was illegal and, therefore, not sustainable in the eyes of law. The second order, was, however issued after the approval to the engagement of the petitioner was granted by respondent No.2 on 18.11.201 It is, thus, submitted that it is the second order which is valid one and has rightly been given effect to. It is also pleaded that since the subsequent order issued on 18.11.2013 has been complied with by the petitioner who submitted fresh joining report in compliance thereto, as such, the petitioner cannot be heard raising grievance against the aforesaid order.