PARVEENA AKHTER Vs. STATE OF J AND K

JUDGEMENT

(1.) PETITIONER alleges that she is appointed to class-IV as Lab. Bearer in Education Department under Order No. Co/camp/3014-16 dated 29. 6. 95. issued by Chief Education Officer, Pulwama (respondent No. 3) and is posted in Govt. High School Drabgam Zone Shadimarg of District Pulwama. She is continuously working. She made representation but her regularization is with-held. Rather she is under threat of discontinuance. She prays for mandamus against respondents for her continuance and regularization of the arrangement in which she is ordered to work as Lab. Bearer.

(2.) RESPONDENTS have filed reply through Director School Education, Kashmir. It is denied that petitioner was ever appointed as class-IV in the department by any competent authority as claimed: The appointment order purported to be issued by Chief Education Officer, Pulwama bearing No, DDC/edu/321 dated 15. 6. 95 Annexure P-l) is in fact no appointment in the eye of law, in as much as, the post of Lab, Bearer to which petitioner is laying claim of appointment is not filed under SRO 240 of 1979 which provides for recruitment to such post. The desire of District Development Commissioner is not same thing as appointment by competent authority on recruitment through District Recruitment Board head by the District Development Commissioner. This apart during 1990's when militancy was at its peak, a racket of fake appointments was detected in Education Department of District Pulwama. Once fake job-appointment scam came to notice of Director School Education on verification a list of fake a appointees was drawn (order No. 1779 of 1998 dated 30. 6,98 ). In this list the petitioner figures at No 59. Despite being asked to explain her position, she has repeatedly failed to explain the same. Petitioner's appointment is illegal and fake, therefore, she has neither any case for continuance nor for regularization. It is also averred in the reply affidavit by Director School Education that the father of petitioner, one Habibullah Mir at the material appoint of time was a senior Assistant in Z. E. O Shadirnarg Zone of District Pulwama, who managed her this fake appointment. Said Habibullah Mir is under suspension and criminal case is registered and the police is looking in the matter.

(3.) OBVIOUSLY petitioner's appointment cannot be said to be in order or valid. The appointment order Annexure P-l appears not in conformance with the law, apart from the grave allegation that the appointment is fake and fraud, managed by the father of the petitioner who happen to be Sr. Asstt. in the Education Department at the material time and later placed under suspension after criminal case was registered against him and other officials of Education Department and some other persons. In this view of the matter, petition is dismissed at the threshold without any legal imperativeness to admit it for hearing.