ANJANA KUMARI Vs. STATE OF J&K AND ORS

JUDGEMENT

(1.) The petitioner has approached this Court impugning order dated 14.05.2018, vide which she was relieved as Lecturer in Music from the office of Chief Education Officer, Udhampur.

(2.) Learned counsel for the petitioner submitted that vide order dated 19.10.2015, the petitioner was promoted as Incharge Lecturer in Music and was directed to report to the Chief Education Officer, Udhampur as I/c Cultural Wing. She was working there ever since then. She applied for Child Care Leave with effect from 02.03.2018 to 30.05.2018 as her daughter was to appear in Class 12th examination. On 19.02.2018, leave was sanctioned in favour of the petitioner only for one month w.e.f. 02.03.2018. Before expiry thereof, the petitioner applied for extension of leave for two months on 26.03.2018. Extension of one month leave was granted again. The petitioner had to again apply for extension of leave as exams of her daughter were still going on, but her application was kept pending. She was not granted Child Care Leave for the period requested for, without any reason. However, on 14.05.2018, the Chief Education Officer, Udhampur relieved the petitioner from the post in her absence and directed her to report to the office of Director, School Education, Jammu for further adjustment.

(3.) Challenge to the aforesaid order has been made on the ground that the Chief Education Officer, Udhampur was not competent to relieve the petitioner from the post and direct her to report to the office of Director, School Education, Jammu as initial order of posting of the petitioner was passed by the Director, School Education, Jammu.