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Teacher gets promotion three years after death
9/18/2008 11:10:10 PM
Early Times Report
Jammu | Sept 18
Better late than never is an accommodative statement, but here is a case where justice has reached a litigant when it is literally too late.
A teacher of the education department has got a High Court decision in his promotion matter eight years after he filed petition. There is nothing strange in this. What has come as bizarre in the case is the fact that the petitioner has got a decision in his favour three years after his death. Sad.
Om Prakash Saini joined the education department in 1961 and was promoted to next higher grade of master in 1981 and then as lecturer in 1984. However, his services as lecturer were regularized only in 1990. In 2001, he filed a case before the Jammu and Kashmir High Court seeking directions for consequential benefits with effect from 1984 when he was actually promoted.
In his land mark judgment, Justice Nirmal Singh of J&K High Court Jammu Wing today gave relief to the petitioner, after his death, who was seeking his regularization as lecturer from the date his junior were promoted. The court directed the state of J&K through Chief Secretary and Principal Secretary Education Department that they shall pass appropriate orders regarding promotion of the deceased employee against the post of lecturer with effect from the date his junior so promoted.
Saini had died in 2005 and since then his legal heirs had been following up the case.
Justice Nirmal Singh, after hearing Adv Abhinav Sharma appearing for the petitioner, Neeru Goswami Dy. AG for the state and education Department and Adv. Anita Tickoo for the District Fund Office, observed that in the absence of any counter by the respondents, the pleadings to the extent that the deceased employee was wrongly denied the benefit of promotion as lecturer with effect from the date his junior came to be so promoted would be deemed to have been admitted.
Justice Nirmal Singh disposed this petition with the direction to the Chief Secretary and Principal Secretary Education Department that they shall pass appropriate orders regarding promotion of the deceased employee against the post of lecturer with effect from the date his juniors were so promoted.
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