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| Controversy over appointment of 417 Class IV in Education dept | | DB directs State to appoint petitioners within six months | | EARLY TIMES REPORT
Jammu, Aug 10- A Division Bench of the Jammu and Kashmir High Court today decided the controversy arising over the appointment of 417 candidates as Class IV employees in the Education Department in July 1999. The Bench comprising Chief Justice Barin Ghosh and Justice Mohammed Yaqoob Mir observed that there is no occasion to take recourse to upsetting Government orders dated April 11, 2002 and April 4, 2003.
The CEOs had appointed 417 candidates in the Education Department which were later cancelled by the Director School Education Jammu and Secretary Education in July 1999.
Going through the records the Division Bench observed that for all practical purposes, it must be deemed that by way of a policy decision, the state Government created 417 more posts by a Government order on April 4, 2003 and 417 persons who were permitted to work on temporary basis by the Government order dated April 11, 2002 were regularized. In consequence thereof, it must be deemed that there are still 417 posts available. The number of petitioners is less than 417. Accordingly all of them can be accommodated. There will therefore, be no occasion to take recourse to upsetting the orders of the Government dated April 11, 2002 and April 4, 2003 and directed that the exercise to be undertaken in terms of the judgment and order under appeal (order of writ Court) be completed within a period of six months.
The writ court on December 31, 2007 while deciding 48 writ petitions filed by the aggrieved candidates had left the matter for consideration to the official respondent on the parity of Bashart Hussain’s case with directions that the order dated April 11, 2002 and April 4, 2003 shall stand quashed. Vide these orders, the Government had ordered that the ousted class IV employees shall be considered for appointment against the vacancies in the districts to which they belong temporarily on consolidated Rs 1200 per month till such time as the fresh merit list is drawn. By other order dated April 4, 2003 the employees adjusted against these posts on consolidated salary were placed in the regular pay scale 2550-3200 with immediate fact.
The writ Court observed that from the reply submitted by the respondents and the compliance report submitted by the secretary school education it appears that this was done in view of the political pressure mounted by the candidates. They resorted to agitation which forced the chief minister to give an assurance on the floor of the house that appointees will be taken back in service. Court is of the view this was not a just cause to stop the process of selection and deny the candidates right of consideration. Not only the Government has in gross violation of rules made the appointment of these employees, it has by doing so ignored the finding of the director school education Jammu as its own findings on these appointments. The director had on examination of the whole matter came to a definite conclusion that all these appointments were fraudulent and had been made for dubious considerations thereby violating the object and purpose of the selection and recruitment. The Government order April 24, 2000 also found that the appointments were made by the officers who were not competent to make such appointments. It was on the basis of these findings that the Government accepted the orders of the Director School Education to cancel all these illegal and irregular appointments. When the Government found that appointments made were illegal being without jurisdiction, it should not have appointed these candidates particularly when it had stated before the court that appointments made were illegal. With these observations the Court had allowed the petitions and quashed the Government orders passed on April 11, 2002, and April 4, 2003. JNF
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