TASLIMA BEGUM Vs. UNION TERRITORY OF JAMMU AND KASHMIR
LAWS(J&K)-2020-3-7
HIGH COURT OF JAMMU AND KASHMIR
Decided on March 04,2020

Taslima Begum Appellant
VERSUS
Union Territory Of Jammu And Kashmir Respondents


Referred Judgements :-

SARFARAZ MAQBOOL BHAT VS. STATE AND ORS [REFERRED TO]
SANJAY DHAR VS. JAMMU AND KASHMIR PUBLIC SERVICE COMMISSION [REFERRED TO]


JUDGEMENT

RAJESH BINDAL,J. - (1.)The petitioner having failed before the learned Single Judge has filed the present intra-court appeal impugning the judgment dated 23.07.2019. The appeal is accompanied by an application seeking condonation of delay of 136 days in filing thereof.
(2.)Mr. O. P. Thakur, learned counsel appearing for the applicant/appellant submitted that after the dismissal of the writ petition on 23.07.2019, the counsel for the applicant/appellant tried to contact her on the mobile number given by her, however, with the snapping of mobile services in the then J&K State from 05.08.2019 onwards, he was not successful. When the services were restored in November 2019, the staff in the office of the counsel forget to inform the applicant/appellant about the dismissal of the writ petition. It is only when the appellant/applicant enquired about the status of her case on 27.01.2020 that she was informed about the dismissal of the writ petition. Immediately thereafter certified copy was applied and the present appeal was filed. Hence, the delay was not intentional.
(3.)As far as merits of the case are concerned, Mr. O.P. Thakur, learned counsel for the applicant/appellant submitted that advertisement Notice No. 1703-05 dated 12.01.2004 was issued inviting applications for various posts of ReT available in different schools. This included 3 posts in Government Middle School, Gangota and one post in Government Primary School, Akhrie. Both falling in revenue village Alni Gangota, Tehsil Bhalessa. The petitioner applied in pursuance to the aforesaid notification. Panel of 16 candidates was prepared. The petitioner was placed at serial No. 9. In the meantime, another notification was issued by Zonal Education Officer, Bhalessa on 09.07.2004 whereby three posts of ReT in Middle School Alni and two posts in New Primary School Bonecha in the revenue village Alni Gangota, were notified. The applicant/appellant responded to these advertisements as well. Panel of 18 candidates was prepared. The petitioner was again placed at serial No. 9. The applicant/appellant and six other candidates challenged both the panels by filing SWP No. 1827/2004, which was allowed by the learned Single Judge on 31.12.2012. The select list prepared by the respondents was quashed and the matter remitted to the Chief Education Officer to examine the claim of the parties. The needful was to be done within four months. In the fresh panel prepared, the petitioner was placed at serial No.2 in the order of merit. Consequently, she was appointed as ReT Teacher in Government High School Gangota vide order dated 26.09.2014 and joined her services in pursuance thereto.
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