MARIA NAZIR Vs. STATE OF JAMMU & KASHMIR

JUDGEMENT

(1.) Through the medium of the instant petition, the petitioners beseech for the grant of following relief(s) in their favour:

(2.) The factual matrix of the case, as stated by the petitioners in their petition, is that by advertisement notice No. EO/K/NT/01/14 dated 4th of August, 2014, applications were invited from amongst the eligible candidates of District Kulgam for direct recruitment as Class-IV in District Cadre Kulgam, Education Department. The advertisement notice provided that the minimum and maximum qualifications are Matric and 10+2 respectively from any recognized Board/Institute. In response to the aforesaid advertisement notice, the petitioners applied for their selection and appointment to the said posts. The applications of the petitioners were received by respondent No.3 against proper receipt and after receipt of the applications of the petitioners and other candidates, the respondent No.3 issued a provisional shortlist of candidates who had applied for Class-IV posts in District Kulgam. The provisional shortlist was prepared on the basis of merit and was published for inviting objections, if any, from the concerned candidates. Pursuant to the aforesaid provisional shortlist, the petitioners, alongwith other eligible candidates, were interviewed by the respondents, whereafter a provisional selection list of the candidates for the post of Class-IV, District Cadre, Kulgam was issued by respondent No.3 on 29th of December, 2014, wherein the petitioners were shown as selected. In pursuance of the aforesaid provisional selection list, the petitioners reported to respondent No.3 by submitting their joining reports before him. After receiving the joining reports from the petitioners and allowing them to join, the respondent No.3, as stated, instead of issuing the posting orders of the petitioners and releasing their salary, made the petitioners to wait and, finally, in terms of communication No. CEO/K/NT/ 1523/15 dated 12th of June, 2015, requested the respondent No.2 to give his approval to the selection list so as to enable him to proceed further in the matter. The respondent No.2, in turn, vide letter No. DSEK/NT/DRC/26-31/2015Kul/2012 dated 18th of June, 2005, informed the respondent No.3 that he has nothing to do with the preparation of the provisional selection list, because the said list has been prepared by respondent No.3 in his capacity as Chairman of the Selection Committee and, as such, he has to consider the matter at his own level, after considering all aspects. The respondent No.2 also informed the respondent No. 3 that before proceeding further, he should ensure/satisfy himself that all the requisite formalities, codal procedures and prescribed parameters have been observed/adopted while making the selection of the candidates and that the selection criteria, as fixed by the Government, has been adopted in the process with transparency. Thereafter, the respondent No.4 addressed a letter No. CEO/K/NT/1666-68/15 dated 20th of June, 2015 to respondent No. 5, who in his capacity as I/C Chief Education Officer, Kulgam, had initiated the process of selection for filing up the Class-IV posts and had finalized the same by issuing provisional selection list, asking him that in case he has complied with all the requisite norms/rules/codal procedure/formalities/parameters/ selection criteria while making the selection of the candidates and the selection process was transparent and free from encumbrances, litigation, vigilance , etc., he should submit a certificate to the office of respondent No.3, in order to enable him to proceed further in the matter. The respondent No. 5, in terms of his letter dated 22nd of June, 2015, thereafter, informed the respondent No.4 that during the year 2014, selection for Class-IV posts in the Education Department was processed in almost all the Districts of the State, the respondent No.5 had also carried the same kind of process in District Kulgam. It was also stated by the respondent No.5 that to the best of his knowledge and belief, the selection process carried out by the selection Committee has been fair throughout in observance of relevant prescribed rules, codal procedures/ formalities, parameters and free from encumbrances, litigation, vigilance, etc. After receiving the aforesaid communication, the respondent No.4 did not issue the posting orders of the petitioners nor did he release the salary in favour of the petitioners with effect from the date they joined their duties in the office of respondent No.4. The petitioners, thereafter, besides bringing the aforesaid matter to the notice of respondent No.2, also agitated their grievance before the respondent No. 1 by submitting a representation to him for directing the respondent Nos. 2 to 5 to issue their posting orders and also release their salary. This representation, as stated, was, vide communication dated 30th of July, 2015, forwarded by respondent No.1 through under Secretary to Government, School Education Department, to respondent No.2 for taking necessary action in the matter under rules, but no action has been taken by the respondent Nos.2 to 5 on the said communication till date. Faced with this situation, the petitioners have knocked at the doors of this Court with the instant writ petition for seeking the above stated relief.

(3.) Mr Naik, the learned Senior counsel, appearing on behalf of the petitioners, submits that the petitioners having been selected against the Class-IV posts in the Education Department for District Cadre, Kulgam, after proper selection and they having joined their duties in pursuance of their order of selection dated 29th of December, 2014, therefore, the respondents are obliged under law to issue their orders of posting and also release their salary with effect from the date they joined their duties, however, the respondents have failed to do so thereby violating the legal, fundamental and constitutional rights of the petitioners guaranteed to them under Articles 14, 16 and 21 of the Constitution of India. The learned Senior counsel pleads that it was not only in District Kulgam where the process of selection against the Class-IV posts was initiated by the Education Department, but in all the other Districts of the State such process was initiated as well and the candidates, after proper selection, were appointed to the said Class-IV posts, however, it is only in District Kulgam where the petitioners have been selected, but their orders of posting have not been issued despite they having joined before the authorities concerned. It is in this backdrop that the learned senior Counsel has proceeded to contend that the respondents have subjected the petitioners to hostile discrimination and, therefore, they deserve to be directed to issue orders of posting in favour of the petitioners and also pay them the salary with effect from the date(s) the petitioners joined their duties, without any further delay.