SABER HUSSAIN Vs. STATE OF JAMMU AND KASHMIR
LAWS(J&K)-2020-3-11
HIGH COURT OF JAMMU AND KASHMIR
Decided on March 03,2020

Saber Hussain Appellant
VERSUS
STATE OF JAMMU AND KASHMIR Respondents


Referred Judgements :-

SURAJ PRAKASH GUPTA VS. STATE OF JAMMU AND KASHMIR [REFERRED TO]


JUDGEMENT

Ali Mohammad Magrey,J. - (1.)Petitioner's adjustment as Incharge Lecturer in the discipline of Botany made vide Government Order No.08-Edu of 2013 dated 02.01.2013 on the basis of seniority/eligibility, the P.G Masters/Teacher in his own pay and grade with charge allowance as admissible under rules for a period of six months or till the posts are filled up on regular basis, whichever is earlier. In the aforesaid order, the petitioner figured at Sr. No.24.
(2.)The petitioner while working as Teacher in Middle School Kandi Gulhota states to have been further made as Master but in the meanwhile, while working as such he came to know about the order of placement as Incharge Lecturer, Botany and submitted his joining report before respondent No.2-Director School Education, Jammu on 10.12.2015 which on endorsement was submitted to the Government in terms of communication bearing DSEJ/Gez/Lect/55238 dated 28.12.2018 for accepting the request of the petitioner qua joining as Lecturer pursuant to Government Order No.08-Edu of 2013 dated 02.01.2013. The respondent No.1 instead of considering the claim of the petitioner had withdrawn the aforesaid Government Order in terms of which he has been placed as Incharge Lecturer. The Government Order No.08-Edu of 2013 dated 02.01.2013 was withdrawn by the Principal Secretary to Government, School Education department vide another Government Order No.39-Edu of 2017 dated 27.01.2017. It is this order which is the subject matter of writ petition and challenged on the various grounds. Particular reference that the Government at no stage of imagination can deprive the petitioner from his right of consideration for promotion against the post of Lecturer in the department of Botany on account of being eligible with reference to other similarly situated Teachers and Masters with the department.
(3.)On notice and despite various opportunities, respondents have not filed the reply.
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