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HC dismisses clerks petition
3/17/2009 11:18:41 PM

Early Times Report

Jammu, Mar17- Dismissing the petition challenging reversion from Head Clerk to Junior Assistant, Justice JP Singh of J&K High Court Jammu Wing observed that the perusal of documents on record indicate that the petitioner had not earned any promotion as senior assistant and in that view of the matter she cannot claim any right against the post of Senior Assistant on her repatriation to the parent department from the project where she is shown to have been working as Incharge Head Clerk against available post of Senior Assistant.. The adjustment as Incharge Head Clerk against the post of Senior Assistant on the strength of project during the period of her posting in the social forestry project, would not give her any right to the post available in the cadre of the department where she had held her lien, the Court further observed. With the closure of the project the superior position enjoyed by the petitioner in the project, too would cease and in that view of the matter her claim for getting the same position in her parent department may not be tenable, Court said.
Court further observed that it did not find any error in the impugned order reverting the petitioner to her parent department against the post of Junior Assistant which she holds in Social Forestry Department.
Court, after hearing Advocate Anita Tickoo for the petitioner and Deputy Advocate General Vinod Bakshi for the State, dismissed the petition and held that the order impugned does not violate any enforceable right of the petition.
Petitioner Girja Raina field this petition challenging her reversion from the post of Incharge Head Clerk to the post of Junior Assistant and sought quashment order July 23, 2005, which was dismissed by the Court today after four years. JNF
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