SYED YAQOOB DILKHASH Vs. STATE OF J&K

JUDGEMENT

(1.) BRIEFLY put, the petitioners case is that he is a Senior lecturer and was appointed against a migrant vacancy as Principal and was allowed to draw the bills of the school by the respondents 2 and 3 but he has not been allowed the pay scale admissible to the post of Principal. It is further submitted that he has functioned as Principal, therefore, entitled to regularisation which has been denied to him.

(2.) THE petitioner has annexed two copies of orders issued by the District Development Commissioner bearing No. DDC/ Edu/1997 -1002 dated 20 -06 -1990 forming annexure -P1 to the writ petition, another issued by Director School Education Srinagar vide No. DSE/Estt -ll/106 dated 02 -04 -19991 forming annexure P -2 to the writ petition. Petitioner has also appended a copy of his application addressed to the respondent No.2 which forms annexure P -3 to the writ petition wherein petitioner has claimed charge allowance and it is very interesting to note that in the application the petitioner has stated that he has been selected by the staff members by a written undertaking.

(3.) THE respondents have filed counter supported by an affidavit through Shri Rahul Panth Government Advocate as he then was and stand taken by him is summarized as under: (a) Petitioner is not a senior lecturer and is junior to about 1300 lecturers. It is also submitted that the post of principal is one step ahead to the post of senior lecturer. (b) Petitioner has neither been promoted on regular/adhoc basis nor has been assigned the charge of the post, therefore, not entitled to continuation or regularisation and has also no right to claim the charge allowance. (c) Post of Principal was filled up by placing one Mr. Surjit Singh Senior lecturer as incharge Principal by the government vide Government order No. 891 -Edu of 1993 dated 9/4/1993 and government is the only competent authority to make appointment/ promotion against the post of Principal. (d) Drawing and disbursing powers have not been conferred by the Administrative Department on the petitioner which is the competent authority. (e) The petitioner has concealed the material facts in the writ petition.