GH NABI MIR Vs. STATE
LAWS(J&K)-1995-7-10
HIGH COURT OF JAMMU AND KASHMIR
Decided on July 21,1995

Gh Nabi Mir Appellant
VERSUS
STATE Respondents

JUDGEMENT

- (1.)THIS batch of writ petitions involves the common questions of law and facts and is disposed of by a common judgment.
(2.)THE petitioners are seeking relief of issuance of writ of mandamus commanding the respondents to place the petitioners in selection grade of Rs.600 -900 (pre -revised) with effect from 1.1.1986 in accordance with the terms and conditions set -down by the Director School Education, respondent No.2, in his order No. 58 of 1937 dated 3.7.1987 amended under corrigendum No. Estt/III/F -29/84198 -203 dated 15.1.1988, with a further direction to reckon and fix the seniority of the petitioners in the category of selection Grade Teachers from 1.1.1986 and not to fill up the posts by any other source till the appointment/adjustment of the petitioners is made against the said posts.
(3.)THE petitioners General Line Teachers are asserting their right of promotion to the selection grade on account of sole eligibility criteria set down in the corrigendum and adopted by the respondents for placement of the General Line Teachers in the selection grade. According to the petitioners they are holding the posts of general line teachers and are entitled to be promoted as selection grade teachers, automatically, for the reason that they fulfill the conditions contained in the corrigendum. The respondents have filed objections countering the averments of facts and law.
I have heard the learned counsel for the parties and perused the record. The claim of the petitioners is based on order No. 58 of 1987, dated 3.7.1987 read with corrigendum issued by the respondent No.2. reproduced as under: -

Order No: 58 -of 1987

"As recommended by the Departmental promotion committee in its meeting held on 5.3.1987 and as approved by the Director School Education, sanction is hereby accorded to the temporary promotion of 30 Male, 15 female teachers to the selection grade of 600 -900 w.e.f. 1.1.1986 as shown in the Annexure ËœAâ„¢ and ËœBâ„¢ to this order. This is in continuation to this office order No. Ang/prom/ 600 -900/38340 -80 dated 31.12.1985.

The temporary promotion of the teachers to the selection grade is subject to the fulfillment of the following conditions: -

1. the promotee must have rendered about 10 years service on the date of promotion. 2. the promotees must be trained (BSc/BEd) on the date of promotion, they must have a substantive status and may not have worked in lien/leave arrangement on their initial appointment or thereafter. 3. they should have satisfactory work and conduct and have registered above 50% results on average basis for the last 3 years."



Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.