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DB offers respite to ReT candidate after eight years legal battle | | | Jammu, June 18 (JNF) : A Division Bench of State High Court Comprising Justice Virender Singh and Justice Hasnain Massodi after eight years of long drawn litigation, set-aside the judgment of Single Judge and allowed the appeal. Court further directed that exercise of appointment of the appellant shall be completed within one month only. " The appellant shall be deemed to have been appointed from the date petitioner came to be appointed as Rehbar-e-Taleem Teacher forUpgraded Middle School, Panjah, Teshil Kalakote, District Rajouri, albeit without monetary benefits for retrospective period. However, her case shall be considered for all the consequential benefits including regularization in terms of the Sarv Siksha Abhiyan Scheme and other relevant rules governing the field. To say so, we are fortified in our view by a latest decision of Supreme Court in arising from State of J&K only in case titled Kuldeep Raj Vs. State of J&K and ors relating to a case of ReT teacher only, court said. This significant judgment was passed in an appeal filed by Veena Kumari through Adv Shivani Jalali Pandita in which the Division Bench took note of the appellant's suffering and observed that no doubt, the present case has witnessed long 8 years of litigation, as the ball kept on rolling for all these years. Deputy AG, Shaista Hakim appearing for the Education Dept, states that the stand taken by the official respondents in the response filed in the main writ petition, virtually supports the case of the appellant. Mrs Hakim then submits that no doubt the appellant was initially engaged as ReT Teacher but her appointment was cancelled on the ground that she was not B.A. Final (Graduation) at the time of submission of her application but on re-evaluation of her result, she was shown as pass for the subject and this all happened before the select panel was prepared. Considering all these facts, the case of the appellant was ultimately considered to be on more meritorious position, as compared to the writ petitioner. Division Bench after considering the submissions of Adv Shivani Jalali Pandita for the appellant and Deputy AG Shaista Hakim for the state and Adv Ashok Sharma appearing for respondent rendered substantial justice to the appellant Veena Kumari and allowed her LPA by setting-aside the judgment of Writ Court. Division Bench directed that the exercise of appointment of the appellant shall be completed within one month only. |
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