JASWANT KOUR Vs. STATE OF J&K AND ORS

JUDGEMENT

(1.) The petitioner, who was working as Incharge Lecturer (Sanskrit), has filed the present writ petition challenging Government Order No. 71-Edu of 2014 dated 20.01.2014, vide which the promotion granted to the petitioner had been withdrawn. Further challenge has been made to Government Order No. 72-Edu of 2014 dated 20.01.2014 vide which respondent No.6 had been promoted/elevated as Incharge Lecturer (Sanskrit) under OSC category.

(2.) Learned senior counsel appearing for the petitioner submitted that vide Order dated 30.03.2013, the petitioner, who was working as a Teacher, was considered as per her seniority and was promoted as Incharge Lecturer (Sanskrit). The order was implemented and the petitioner was given the charge of the post. Vide order dated 27.07.2013 the petitioner was posted as Incharge Lecturer (Sanskrit) at Higher Secondary School Utterbeni. The fact that she had taken charge of the post was so recorded even in her service book. Vide order dated 05.12.2013, respondent No. 6 was also elevated as Incharge Lecturer (Sanskrit). Thereafter two orders were passed simultaneously by the State. By Government Order No. 71-Edu of 2014 dated 20.01.2014 the elevation/promotion of the petitioner as Incharge Lecturer (Sanskrit) was withdrawn, whereas vide Order No. 72-Edu of 2014 dated 20.01.2014 respondent No.6 was given charge as Incharge Lecturer (Sanskrit) in place of the petitioner.

(3.) Learned senior counsel for the petitioner argued that before passing the impugned order, the petitioner was not afforded any opportunity of hearing. Further the claim of the respondent No.6 could be from the category of Masters and not from the category of Teachers, to which category the petitioner belongs.