Mohd Mahfooz vs Directorate Of School Education Ut Of J&k on 31 December 2024

1. Mohd Mahfooz, Age 30 years S/o Mohd Iqbal R/o Dabrote Tehsil & District Rajouri

2. Sikander Hayat Khan, Age 30 years S/o Mohd Ashrif R/o Dehri Ralyote Tehsil & District Rajouri

3. Mona Mehta, Age 36 years D/o Ashok Kumar R/o Jawhar Nagar Tehsil & District Rajouri

4. Mohd Shakil, Age 42 years S/o Ghulam Hussain R/O Dodasan Balla Tehsil Thanamandi, District Rajouri

5. Yasmeen Perveen Age 43 years W/o Mohd Sajid R/o Dodaj Tehsil Darhal, District Rajouri

6. Jagpreet Kour, Age 36 years D/o Tirlok Singh R/o Jawhar Nagar Tehsil & District Rajouri

7. Sajid Mahmood Age34 years S/o Mohd Azam R/o Ujhan Tehsil Darhal District Rajouri

8. Harpreet Kour Age 31 years W/o Karanjeet Singh R/o Rajouri Tehsil & District Rajouri

9. Reena Choudhary Age 32 years W/o Amit Kumar

R/o Rajouri Tehsil & District Rajouri

10. Nazia Malik Age 33 years D/o Mohd Latif R/o Majhoor Tehsil Thanamandi District Rajouri

11. Mohd Aslam, Age 32 years S/o Mohd Sharief R/o Dubrote Tehsil Manjakote District Raiouri

12. Mohd Khalid Age 30 years S/o Mabashar Ahmed R/o Kotli Kalaban Tehsil & District Rajouri

13. Sukhbir Singh Age 36 years S/o Kalyan Singh R/o Thandikassi Tehsil and District Rajouri

14. Khalid Rashid Age 38 years S/o Abdul Rashid Raina R/o Thanamandi Tehsil Thanamandi District Rajouri

15. Furzana Rashid Khan Age 42 years D/o Mohd Rashid Khan R/o Manyal Tehsil Thanamandi District Rajouri.

16. Tahira Kouser Khan Age 31 years D/o Babu Hussain Khan R/o Dabrote Tehsili & District Raiouri

17. Nasreen Akhter Age 30 years D/o Mohd Haneef R/o Kotli Kalaban Tehsil & District Rajouri.

18. Nazia Shafayat Age 36 years D/o Shafayat Ahmed R/o Kotli Kalaban Tehsil & District Rajouri

19. Makhtiar Begum Age 41 years D/o Mohd Bashir R/o Kotli Kalaban Tehsil & District Rajouri

20. Nighat Malik Age 36 years D/o Mohd Talib Malik R/o Dodaj A/p Rajouri Tehsil & District Rajouri

21. Fareena Kosser Age 35 years D/o Nisar Hussain R/o Badhoon Tehsil & District Rajouri.

22. Vaneet Kumar Age 30 years S/o Chander Parkash R/o Sagrawat Tehsil Dharal District Rajouri

23. Roopa Bali Age 34 years D/o Rakesh Bali R/o Qasba Pain Tehsil Nowshera District Rajouri

24. Dheeraj Sawhney Age 32 years S/o Jagdish Chander Sawhney R/o Ward No.5 Nowshera Tehsil Nowshera District Rajouri

25. Vikas Sharma Age 32 years S/o Harbans Lal Sharma R/o Nowshera Tehsil Nowshera District Rajouri

26. Seema Sharma Age 33 years D/o Bal Krishan R/o Nowshera Tehsil Nowshera District Rajouri

27. Sanyogta Rani Age 36 years D/O Kashmir Singh R/O Mangla Devi Tehsil Nowshera District Rajouri

28. Mohd Shabbeer Age 36 years S/o Mohd Iqbal R/o Dehri Ralyote Tehsil & District Rajouri

29. Imtiaz Ahmed Age 36 years S/o Mohd Farooq R/o Gambhir Mughlan Tehsil & District Rajouri

30. Suman Lata Sharma Age 34 years W/o Kewal Krishan R/o Dhangri Tehsil & District Rajouri

31. Jabeen Akhter Age 35 years D/o Sannaulla Bhat R/o Majhoor Tehsil Thanamandi District Rajouri

32. Mr. Shoket Ali Age 35 years S/o Abdul Majid R/o Chowkian Tehsil Dharal district Rajouri

33. Nuzhit Husseen Age 31 years D/o Mohd Iqbal R/o Thanamangh Tehsil Dharal District Rajouri

34. Balqees Fatma Age 35 years D/o Abdul Rashid R/o Thanamangh Tehsil Darhal District Rajouri

35. Mrs. Zaida Akhter Age 36 years D/o Ghulam Qadir R/o Chowkian Tehsil Darhal District Rajouri

36. Robina Akhter Age 32 years W/o Mohd Ashfaq R/o Sagrawat Tehsil Dharal District Rajouri

37. Saleha Jabeen Age 33 years D/o Javed Iqbal R/o Topa Dodaj Tehsil Dharal District Rajouri.

38. Nazia Akhter Age 32 years D/o Mohd Aslam R/O Fatehpur Tehsil & District Rajouri

39. Shazia Kouser Age 32 years D/o Mohd Iqbal R/o Chowkian Darhal

Tehsil Dharal District Rajouri

40. Mohseena Fatima Age 34 years D/o Mohd Rashid

R/o Thananmang Tehsil Darhal District Rajouri

41. Khaliq Hussain Age 44 years S/o Abdul Aziz

R/o Chowkian Tehsil Dharal District Rajouri

42. Manazim Billah Age 35 years D/o Gul HUSSAIN

R/o Kandi Kotranka Tehsil Kotranka District Rajouri

43. Mohd Farooq Age 36 years S/o Noor Din

R/o Khoriwali Tehsil Darhal District Rajouri.

44. Rahina Akhter Age 33 years D/o Mohd Sajawal

R/o Sagarwat Tehsil Dharal District Rajouri.

45. Zahir Ahmed Age 33 years S/o Noor Ahmed R/o Saj Tehsil Thanamandi District Rajouri.

46. Kitty Wadehra Age 32 years W/o Vivek Sharma R/o Rajouri Tehsil and District Rajouri

47. Mr. Satish Kumar Chowdhary Age 48 years S/o Bhola Ram R/o Laroka Tehsil Nowshera District Rajouri.

48. Renu Bala Age 28 years D/o Subash Chander R/o Ward No 9 Rajouri Tehsil and district Rajouri.

49. Sanjiv Kumar Age 31 years S/o Bhola Ram R/O Sangpur Tehsil Nowshera district Rajouri.

50. Yogita Sharma Age 33 years D/o Nand Lal Sharma R/o Sunderbani Tehsil Sunderbani District Rajouri

51. Mohan Lal Age 36 years S/o Kasturi Lal R/o Changi Kangrial Tehsil Sunderbani District Rajouri.

52. Anita Kumari Age 35 years W/o Ajay Kumar R/o Thanda Pani Tehsil: Sunderbani District Rajouri.

53. Rubbi Sharma Age 33 years W/o Sanjay Kumar R/o Thandapani Tehsil Sunderbani District Rajouri

54. Sham Lal Age 52 years S/o Prem Nath R/o Thicka Tehsil Sunderbani District Rajouri.

55. Inderjeet Age 34 years S/o Suresh Chander R/o Bhajwal Tehsil Sunderbani District Rajouri.

56. Kuldeep Raj Age 45 years S/o Paras Ram R/o Bhajwal Tehsil Sunderbani District Rajouri.

57. Uma Sharma Age 41 years D/o Nand Lal R/o Sunderbani Tehsil Sunderbani District Rajouri.

58. Shivani Gupta Age 30 years

W/o Sanjeev Gupta R/o Bhajwal Tehsil Sunderbani District Rajouri

59. Varsha Sharma Age 33 years D/o Om Parkash Sharma R/o Chak Jaralan Tehsil Nowshera District Rajouri.

60. Surjeet Singh Age 40 years S/o Kabal Singh R/o Balshama Tehsil Sunderbani District Rajouri

61. Shashi Bala Age 40 years W/o Kiran Kumar R/o Bhajwal Tehsil Sunderbani District Rajouri

62. Sat Paul Sharma Age 32 years S/o Krishan Lal Sharma R/O Dandesar Tehsil Nowshera District Rajouri

63. Amitu Sharma Age 30 years D/o Sh Dalip Kumar R/o Ward No 07 Sunderbani Tehsil Sunderbani District Rajouri.

64. Sneh Lata Age 32 year D/o Amarnath R/o Baja Bain Tehsil Sunderbani District Rajouri.

65. Jamila Mughal Age 36 years D/o Mohd Iqbal R/o Ghambir Mughlan Tehsil & District Rajouri

66. Mareed Fatima Age 42 years D/o Mohd Afsal R/o Chowkina Tehsil Dharal District Rajouri

67. Madhu Age 33 years W/o Satya Bhushan R/o Badhal Tehsil Kotranka District Rajouri.

68. Dipti Sharma Age 30 years D/o satish Kumar R/o Nerojal Tehsil Thanamandi District Rajouri.

69. Rachana Kumari Age 40 years W/o Rajinder Kumar R/o Dhoke Banyard Tehsil Sunderbani District Rajouri.

70. Ajaz Iqbal Aged 28 years S/O Javed Iqbal R/O Fetch Pur, Tehsil & Distt. Rajouri ……Applicants

VERSUS

1. State of J&K through Commissioner/ Secretary to Govt. School Education Department, Civil Secretariat, Srinagar/Jammu.

2. Director School Education, Jammu..

3. Chief Education Officer, Rajouri.

4. J&K Service Selection Board, through its Secretary

……Respondents

For the applicant : Mr. Gagan Basotra, Sr. Adv with Ms. Navdeep

For the respondents: Mr. Sudesh Magotra, AAG

: Mr. Hunar Gupta, DAG

O R D E R

Per Hon’ble Mr. Rajinder S Dogra, Member (J) The fact of the case in brief is that the respondents issued an advertisement No. 07 of 2010 dated 12.11.2010 inviting application for the post of Teachers in District Rajouri in 2010. The applicants along with other candidates applied for the post of Teachers, selection was conducted and the applicants were selected for the post of Teachers in 2012. Some of the candidates who were unsuccessful, approached the Hon’ble High Court in writ petitions. Hon’ble High Court vide judgment dated 9.4.2013 quashed the whole selection of teachers in District Rajouri. Due to an interim order passed in this regard, no appointment orders could be issued in favour of the present applicants, though appointment orders were issued in favour of some candidates prior to issuance of interim order. Those candidates submitted their joining report and also worked till the pendency of the said writ petition and consequent LPAs. Being aggrieved by the said judgment dated 9.4.2013, the present applicants filed LPA (SW) NO. 65/2013 and LPA (SW) No. 84/2013 which were dismissed by the Hon’ble High Court vide order dated 22.5.2013. The respondents filed review petitions Review (LPA) No. D-27 and Review (LPA) NO. D-28/2013 and those were dismissed vide judgment dated 25.2.2014. The present applicants filed SLP against the judgment dated 22.5.2013 in LPA(SW) NO. 65/2013 and LPA (SW) No. 84/2013

and judgment dated 25.2.2014 in Review (LPA) No. D-27 and Review (LPA) NO. D-28/2013 before Hon’ble Supreme Court and the said SLP was allowed vide judgment dated 17.11.2015. Hon’ble Supreme Court upheld the selection of the applicants as Teachers in Rajouri District and further directed that the appointment letters given to the applicants be given effect to. In compliance of the said order dated 17.11.2015, respondent No.4 vide order dated 18.1.2016 directed respondent No.3 to process the case of the applicants along with other applicants before the Hon’ble Supreme Court (total 131) for appropriate action under the rules. The applicants submitted their joining report on 20.1.2016 in the office of respondent No.3 which is clear from the communication dated 30.1.2016. The respondents have issued appointment orders in favour of the applicants but have given prospective effect and not retrospective effect w.e.f. 11.9.2012. Being aggrieved the applicants filed a representation before respondent No.2 in March, 2016 (Annexure J) which is still pending. Finding no other alternative, the applicants filed SWP 1738/2016 which came to be transferred to this Tribunal and re- numbered as TA 9113/2020. The applicants have sought for the following relief: i) Allow the writ petition; ii) Issue a writ of certiorari quashing the appointment orders of the applicants to the extent of treating the said appointment orders with prospective effect and with a further writ of mandamus directing the respondents to give effect to the said appointment orders No. CEOR/NG/TRS-

APTT/2015-16/51588-737 dated 25.2.2015 with retrospective/notional effect w.e.f. 11.8.2012 when the selection stood concluded by issuance of order Admin Department No. Edu-11/403/2012 dated 11.9.2012 or at least when the appointment orders were issued in favour of similarly situated candidates on 7.11.2012. iii) Issue a further direction to the respondents to pay salary for the period w.e.f. 20.1.2016 to 25.2.2016 when the applicants were deemed to have been attached with the office of the respondent No.3 in pursuance of their joining report on 20.1.2016 and till 25.2.2016 when the applicants were formally adjusted against the various vacancies notified for selection against which the petitioner stood selected. iv) Any other order or direction which this Hon’ble Court deems fit may kindly be granted in favour of the applicants.

2. Respondents have filed their reply stating therein that pursuant to the advertisement No. 07 of 2010 dated 12.11.2010 General Line Teachers vacancies were advertised by SSRB to be filled up from amongst the eligible candidates of District – Rajouri to be selected/appointed as per norms so notified in the notification. A select list of 294 candidates was published by the SSRB and subsequently appointment orders were issued in favour of selected candidates including the applicants. Aggrieved by the select list a number of applicants approached Hon’ble High Court of J&K in various writ petitions challenging the selection. The entire select list was quashed by the Single Bench of Hon’ble High Court vide order dated 9.4.2013. The said order was challenged before the Division Bench in various LPAs and the entire select list was quashed vide judgment dated 22.5.2013. The appointment orders issued in the meantime were deemed to have been seized automatically and the working of the applicants beyond the date of judgment was void in nature. Hence the applicants’ claim is not justified. The applicants filed SLP before Hon’ble Supreme Court and the same was disposed of vide judgment dated 24.11.2015. In compliance to the said order the case of the applicants was examined by the Administrative Department and as such fresh appointment orders were issued in favour of some of the applicants who approached the Hon’ble Supreme Court including the present applicants. It is submitted by the respondents that the entire select list was not restored by the Hon’ble Supreme Court. It is further submitted that a committee of officers was constituted to this effect for verification of the attendance as claimed by the applicants and the committee has submitted that separate arrival/departure not authenticated by the competent authority are lying in some of the schools. It is also submitted that only 04 applicants have been paid their salaries and action has been initiated against the two DDOs for illegal drawals. Hence the claim of the applicants is not tenable and the respondents have therefore prayed for dismissal of the present TA.

3. Heard the learned counsel for both the parties and perused the materials available on record.

4. In view of the above discussions, the appointment orders of the applicants to the extent of treating the said appointment orders with prospective effect is quashed. The respondents are further directed to give effect to the said appointment orders from the date 3.11.2012 when the appointment orders were issued in favor of similarly situated. It is also clear that the Administrative Department in compliance to the judgment dated 24.11.2015 passed in the SLP by the Hon’ble Supreme Court has examined the case of the applicants and as such fresh appointment orders were issued in favor of some of the candidates who approached the Hon’ble Supreme Court including the present applicants. It is further submitted that a committee of officers has been constituted to this effect for verification of the attendance as claimed by the applicants and make necessary payments to all concerned. In such circumstances the respondents are directed to complete the entire exercise within a period of three months from the date of receipt of the copy of this order. There shall be no order as to costs.

(RAM MOHAN JOHRI) (RAJINDER SINGH DOGRA)

MEMBER (A) MEMBER (J)

Indrani/PPS