STATE TIMES NEWS
JAMMU: Justice Sanjeev Kumar of J&K High Court Jammu Wing on Wednesday issued notices to the respondents and ordered that subject to objections from the other side, it is provided that promotions/placements as Chief Education Officers (CEOs) shall defer till the next date of hearing or till the case of the petitioner Gulzar Hussain for his regularisation as Principal 10+2 is considered by the respondents in terms of the judgment dated January 22, 2015 passed in SWP No.128 of 2015, whichever is earlier.
The court directions came in a petition filed by Gulzar Hussain seeking direction to State to accord consideration to his claim for regularisation as Principal 10+2 as also Incharge Chief Education Officer (CEO).
Advocate Sheikh Shakeel Ahmed appeared for the petitioner.
Justice Sanjeev Kumar observed that pursuant to the directions issued by this Court in SWP No. 247/2006 on January 1, 2009, the claim of the petitioner along with five other persons came to be considered for retrospective promotion by respondent vide Government Order No.684-Edu of 2011 dated December 2, 2011, the petitioner was granted promotion as Lecturer retrospectively with effect from May 3, 1992, notionally and regular from the date he joined. While the petitioner had been fighting for his regularisation as Lecturer, the respondent vide Government Order No.370-Edu of 2003 dated April 1, 2003 accorded sanction to the placement of eligible candidates as Senior Lecturers. The aforesaid Order included the name of Lal Hussain figuring at S.No.165 of the seniority of Senior Lecturers under ST category. His placement as Senior Lecturer, however, was given with effect from January 1, 1999. Lal Hussain was further regularised as Principal 10+2 with effect from February 1, 2005 vide Government Order No.592-Edu of 2009 dated July 27, 2009. Since the petitioner had been regularised as Lecturer with effect from May 3, 1992 in terms of Order dated December 2, 2011 (supra), as such, as a consequence thereof, he was further placed as Senior Lecturer with effect from January 1, 1999 and his seniority as Senior Lecturer was fixed at S.No. 964-A.
In short the submission of counsel for the petitioner is that by virtue of Order No. 562-Edu of 2012 dated July 7, 2012 the petitioner became senior to Lal Hussain in the cadre of Senior Lecturers, therefore, had a superior right of being placed as Principal and Incharge Chief Education Officer. It was further submitted that though wrong done in the case of the petitioner was rectified and he was placed at the appropriate place in the seniority list of Senior Lecturers yet its effect was not given in so far as further promotion as Principal 10+2 and Incharge Chief Education Officer is concerned, and on the other hand Lal Hussain was not only regularised as Principal 10+2 with effect from February 1, 2005 but was further placed as Incharge Chief Education Officer and even the Joint Director. Aggrieved, the petitioner approached this Court by way of SWP No.128/2015 which was disposed of by this Court on January 22, 2015 directing the respondent to accord consideration to the claim of the petitioner for regularisation as Principal 10+2 as also Incharge Chief Education Officer. It was alleged that the judgment passed by this Court was not complied with which constrained the petitioner to file contempt petition which is sub-judice in the Court.
Justice Sanjeev Kumar after hearing counsel for the parties and considered the submissions made with reference to the documents on record, observed that apparently, the petitioner is entitled to be regularised as Principal with effect from February 1, 2005 and that being the position he would prima-facie rank senior not only to Lal Hussain but also other private respondents. The petitioner has prima-facie right of prior consideration than the private respondents.
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