Jammu, Feb 12 (JNF): Justice Dhiraj Singh Thakur of J&K High Court at Jammu while disposing of petitioner, directed the Commissioner/Secretary to Government, School Education Department "to give fresh look to the order dated January 15, 2015 insofar as it pertains to the petitioner. The order of consideration shall be passed within a period of six weeks from today. Till such time the order of consideration is passed, the order impugned in the present petition shall not be acted upon and the petitioner shall be allowed to serve at her present place of posting i.e DIET, Jammu. The petitioner shall also be paid her salary."While disposing of the petition, Justice Dhiraj Singh Thakur held it is well settled principle of law that anything which is arbitrary is antithetic to Article 14 of the Constitution as has been held by Supreme Court another Bench of this Court in a similar case while deciding SWP No. 173/2015, however, deemed it fit to direct the Commissioner/Secretary to Government, School Education Department to give fresh look to the order impugned in the petition instead of quashing the order dated 15/01/2015. With a view to avoid conflict of orders, the Court deemed it appropriate to follow the said judgment. Petitioner-Kiran Gupta has submitted that he was prematurely transferred from HSS Bahu Fort, Jammu, to District Institute of Education & Trainings (DIET), Jammu, Vide Order dated August 02, 2014 passed by Director School Education, Jammu.
Subsequently, however, Government Order No. 08-Edu. Of 2015 dated January 15, 2015 was passed, whereby, all the attachments/deployments of teaching staff, including that of lecturers/masters/teachers were revoked with immediate effect. The Principal District Institute of Education & Trainings, Jammu, while mis-reading and mis-interpreting the Government Order dated January 15, 2015 passed Relieving Order dated January 20, 2015, thereby, ordering relieving of the Writ Petitioner from DIET, Jammu, and directing her to report to her original place of posting but she was not allowed to resume her duties in HSS Bahu Fort, Jammu, on the plea that the post held by her already stands occupied and filled up with the transfer and posting of one Smt. Manju Sharma, Lecturer (Education) awaiting orders of adjustment in Directorate of School Education, Jammu. |
