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| HC set-asides selection of ReT Teacher with costs | | Appointment made on Minister’s directions | | Early Times Reporter
Jammu |Sep 12 Justice Nirmal Singh of J&K High Court Jammu Wing today set-aside selection of Suresh Kumar and allowed the petitioner Rakes Digra to continue and imposed cost of Rs 20,000 to be paid by the official respondents to the petitioner.
This landmark judgment has been passed today in a writ petition filed by Rakesh Dingra who was engaged as third teacher in Government Girls Primary School Barnai vide order ZEOJ dated November 17, 2003 and his services were disengaged on January 31, 2004 and private respondent Suresh Kumar was engaged. The petitioner aggrieved by this order challenged the same in the High Court.
Justice Nirmal Singh, after hearing Adv DK Khajuria appearing for the petitioner and Deputy AG N Goswami appearing for the State and Adv Kishore Kumar appearing for the private respondent, observed that during the hearing when it was pointed out to the Deputy AG appearing for official respondents why the entries after 291 and 292 have been shown as 291-A and 292-B when there was already entry of 291 and 292 and when these entries could be entered as 293 and 294, she was unable to explain. Private respondent was not in the panel and nor was he engaged because he had not applied with the stipulated period. The private respondent was engaged in pursuance to Director School Education Jammu’s order dated December 19, 2003 and CEO Jammu’s order January 31, 2004 as third teacher in primary school Barnai and the services of the petitioner were disengaged. Thus said act on the part of official respondents clearly established that they have favoured Suresh Kumar private respondent and engaged him on the basis of the direction issued by the Minister concerned and in doing so, the official respondents have also fabricated the record and made the entries in the register on a back date. Even before disengaging the services of the petitioner, he has not been given any show-cause notice or opportunity on being heard. The said act of official respondents is thus against the principle of natural justice and referred a judgment of the Apex Court regarding the natural justice.
Justice Nirmal Singh further observed that the name of private respondent Suresh Kumar who stands engaged in place of petitioner did not figure in the original panel which was prepared by the authorities concerned as he had not applied within the stipulated period. Moreover, the official respondents have fabricated the record just to favour private respondent. The petition filed by the petitioner is accepted with the cost of Rs 20,000 to be paid by the official respondents to the petitioner. The petitioner shall also be entitled to all the consequential benefits including the monetary benefits. The selection of private respondent is set-aside and the official respondents are directed to allow the petitioner to continue in the school where from he was disengaged within a period of one week from the date copy of this order is made available to official respondents by the petitioner. The cost including the other monetary benefits shall be released in favour of petitioner within a period of two months from the date he joined his service. Court further observed that respondent state is, however, at liberty to recover the cost also other monetary benefits to be released in favour of the petitioner from the arraying officials after holding proper enquiry. JNF
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