ZAHIDA PARVEEN Vs. STATE OF J&K
HIGH COURT OF JAMMU AND KASHMIR
STATE OF JANDK
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(1.) PETITIONERS case is that she has been engaged as teacher in the Creche Centre Lanoora Budgam on monthly consolidated pay of Rs. 350/ - P. M on
28.9.1989, by the then Chairman Welfare Extension Project Budgam. Respondent No.2 (annexure -P1). She joined and resumed duties as such with
respondent No.3 at Lanoora Centre. In 1993, one post of Gram Sevika in
the Welfare Extension Project at Budgam fell vacant as the appointed Gram
Sevika namely Hasina Hakim vacated the post. As petitioner had improved
her qualification in between and had eligibility and experience, her case
was recommended by her immediate Officer (Treasurer Welfare Extension
Project Budgam) to respondent No.1 for her appointment against this
available vacancy (annexure -P2). Petitioner further represented to the
authorities that having the eligibility, qualification and experience,
her case may be considered for appointment as Gram Sevika. Respondent
No.2 again recommended her case on 14.6.92 to respondent No.1 Chairperson
State Social Welfare Advisory, Board, Srinagar (annexure -P3). Even
thereafter, petitioner represented to respondents (annexure P4), but no
steps or action has been taken on her representation or the presentation
and recommendation of her case by her superior officers to the Competent
authority. Consideration is being withheld to her against available post
of Gram Sevika in Budgam. Presentation of her case through her counsel
(annexure -P5), has not also evoked any response. Respondents are denying
her consideration against the post. Despite her being engaged by
respondents as Creche Teacher way back in 1989 in which post she worked
all along and gained sufficient experience for last about 10 years, she
is being denied consideration unjustly and illegaly. Respondents are
under legal obligation to accord her consideration in terms of the rules
against the said post and till it is done the petitioners continuiry as
Creche Teacher on original terms and conditions, cannot be denied to her.
(2.) ON these averred factual and circumstancial premises, she prays for consideration for appointment against the available post of Gram
Sevika with the respondents and till the consideration is accorded she
may be continued as she is presently continuing on initial terms and
conditions of her engagement as Creche Teacher.
(3.) THE case has been admitted to hearing on 25.10.1996. Respondents have opted not to file any reply/counter affidavit. Counsel
for petitioner and Mr. G. Mustaffa, GA for respondents, have been heard.
At the outset Mr. Mustaffa concedes that as despite opportunity
respondents have not filed reply/counter, therefore, in absence of such
reply the factual allegations as averred in the writ petition have to be
taken as uncontroverted and intact. The engagement of petitioner as
Creche Teacher at Lanoora Budgam Centre vide annexure P1, is not denied.
Recommending petitioners case vide annexures P2 and P3 is equally
admitted. Representation by petitioner for according her consideration
against the post of Gram Sevika available in District Budgam vide
annexures P4 and P5 is not also refused. Respondents counsel conceds that
post of Gram Sevika is available with respondents.
In the above facts and circumstances, petitioner, subject to eligibility, qualification and norms prescribed for appointment to the
post of Gram Sevika under the respondents in accordance with the
recruitment rules/norms/ executive instructions cannot be denied
consideration, more so keeping in view her length of engagement as Creche
Teacher in Social Welfare Extension Project under the respondent No. 1.
After all petitioner may not have a right of appointment, but law gives
her right of consideration for appointment to the post of Gram Sevika.
Denial of consideration by long inaction or silence on the part of
respondents infringes the equality clause and violates her right as
guaranteed under Article 14 and 16 of Constitution.;
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