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| HC penalises Director School Education Kashmir | | | Early Times Report
SRINAGAR, Apr 26: High court has imposed Rs. 20,000 costs on Director School Education Kashmir to be paid to a teacher, Mehraj-ud-Din Ashai.
Apart from the costs, a single bench of the court comprising Justice Ali Mohammad Magrey also quashed an order by DSEK, whereby the period of his service from November 29, 1994 to April 1, 2002 has been treated as leave. In his petition, the petitioner had sought directions to respondents to release his emoluments alongwith all arrears of pay, allowances.
The Teacher had stated that he was appointed as teacher on August 6, 1964. On September 20, 1994; the petitioner while he was posted as teacher at Government High School Wanghat, CEO Srinagar issued an order, asking him to report to Zonal Education Officer Gulabagh against an available post.
Consequent to the order, the petitioner said that he reported to the ZEO on November 29, 1994. However, the petitioner said, the ZEO did not issue his adjustment and on account of non-adjustment, his salary could not be drawn. Faced with the situation, the petitioner said that he made a number of representations to CEO Srinagar which was duly received in his office on December 27, 1994.
When did not evoke any response, the petitioner said, he made number of representations but to no avail. Having no other option, he filed a writ petition before the High Court and on 18-2-2002 court disposed of his petition with a direction to the Education department to identify the post of teacher and issue formal order of adjustment to him within three weeks.
Further, the court had directed the department to decide intervening period from 29-11-1994 in accordance with rules. Subsequently, DSEK on April 1, 2002 issued an order, allowing him to join with immediate effect and posted him at Boys primary school at Daryadin Gulabagh here.
The petitioner again made representations, asking the concerned to decide intervening period from November 29, 1994 till ending March 2002. "Respondents have failed to establish that the petitioner had remained absent from duty or he had not reported before the Zonal Education Officer," the bench observed after hearing both the sides.
Quashing the DSEK order (no.5553-DSEK of 2002), the court held that petitioner is entitled to his salary from the date it has not been paid to him after his transfer to the office of ZEO, Gulubbugh till the date of his retirement on superannuation on May 31, 2002 together with increments that would become due to him, the increase and arrears of pay on account of Pay Revisions made by the Government during the relevant period together with till consequential service benefits.
"The petitioner is also held entitled to all the retrial benefits as may be permissible to under Rules governing the subject." Accordingly, the court directed DSEK to release dues to him within a period of one month, failing which he would also be entitled to simple interest of 6%.
The court also directed respondents to process and complete petitioner's pension papers within next 15 days from the date of expiry of one month. "In the facts and circumstances of the case, the petitioner is also held entitled to costs of Rs 20,000 to be paid to him by (DSEK) alongwith his dues," the court said. |
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