NAZIR AHMAD LONE Vs. STATE

JUDGEMENT

(1.) MR . M. H. Attar, AAG enters appearance and takes notice on behalf of respondents. On submission of counsel for the parties matter heard. Considered.

(2.) IN the year 1990, the Government of J&K banned all educational Institutions Schools managed and run by the Fallahi Aam Trust. The teaching staff of the trust was absorbed and adjusted in Institutions/schools of Education Department of State Government. Orders and circular were issued on subject. Block Education Officer Sirgufwara allowed the petitioner to join in his office on 11.6.90 and posted him as teacher. In Pry School Charigam (Annexure -PI) However, petitioner with many other similarly circumstanced and situated persons filed an civil suit in the Court of Sub Judge Bijbehara on 19.3.1992, after they were refused salary by the concerned Officers of Education Department The court passed certain interim directions and petitioners and his other co -plaintiffs have been working and are being paid salary on the basis of directions of trial court of Sub Judge Bijbahara The suit is pending till date,

(3.) THE Director School Education issued show cause notice to the petitioner on 7.9,98 requiring him to show cause within specified period why his services as such teacher shall not be discontinued on the ground that he had been absorbed and allowed to join in the Education Department as teacher borne on the staff of FAT beyond 6/90, the cut of date for the purpose (Annexure -P4) This was followed by another order dated 18,9 98 of the Director School Education disengaging the services of the petitioner as FAT teacher in the Education Department forthwith (annexure -P7) This order of disengaging petitioner (Annexure -P7) is impugned in this writ petition.