MOHD MAQBOOL WAGAY Vs. STATE OF J&K
LAWS(J&K)-2006-12-26
HIGH COURT OF JAMMU AND KASHMIR
Decided on December 08,2006

Mohd Maqbool Wagay Appellant
VERSUS
STATE OF JANDK Respondents

JUDGEMENT

- (1.) BY the medium of this writ petition, petitioner has sought indulgence of this court for issuance of a writ of certiorari for quashing the impugned order of reversion bearing No.CEO/Pul/10465 dated 21 -12 -1995 forming annexure -P/VI to the writ petition and mandamus commanding respondents to regularize the services of the petitioner as teacher retrospectively with all service benefits including fixing of his seniority in the cadre of teachers, on the grounds taken in the writ petition.
(2.) THE case projected by the petitioner in this writ petition hat he was appointed as peon in the year 1973 and in the year 1975, he was adjusted as peon in Government High School Hawal. While working as such peon, Block Education Officer addressed a communication dated 16 -6 -1988, asking the respondent no. 4 to depute a teacher of his Institution to P/S Donaroo and respondent no: 4 instead of deputing a trained teacher to the said school directed petitioner to perform his duties as teacher, by recording an endorsement on the said communication. The communication reads as under: ".....You are hereby apprised to depute a teacher of your institution to P/S Doonaru as Shri Mohamad Iqbal Awan, teacher of the said school has been transferred to M/S Sagarwani, Block Shadimarg. The roll of the students of the school is more than 60, the Headmaster P/S Pahlipora is not in a position to combine the two schools. Treat the matter as most urgent. Sd/ - Block Education Officer, Keegam." The Headmaster recorded the following endorsement on the said communication: "Mr. Maqbool. To please note till further orders w.e.f. 20 -6 -1988."
(3.) RESPONDENT no. 3 after detecting the illegality committed, issued an order dated 21 -12 -1995, to the following effect: "....As per standing instructions of the Director school Education Srinagar, Kashmir, you are directed to detach the non -teaching officials mentioned under reference within no time to his own substantive post at BMSD Keller. Compliance report be submitted to the undersigned by 24 -12 -1995." Petitioner has challenged the order by the medium of this petition on the grounds taken in the petition.;


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