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CEO Samba 'partially' implements HC order
Promotes co-petitioner, ignores principle petitioner
7/11/2018 10:27:20 PM
Early Times Report
Jammu, July 11: The Chief Education Officer (CEO) office Samba has been selective in implementing a High Court order by promoting one of the petitioner whereas the same benefit was denied to other petitioner lab bearer.
The aggrieved petitioner has once again knocked the door of court and sent a legal notice to the CEO office as well as Director School Education to get the High Court order implemented.
According to the documents in possession of Early Times Jai Krishan son of Babu Ram resident of Sanoor district Samba was appointed as Laboratory Bearer in School Education department. He was appointed to J&K School Education Subordinate Service as Lab Bearer much prior (in 1999) to the promulgation of J&K School Education Subordinate (Service) Recruitment Rules, 2008 notified vide SRO 308 of 2008 dated 15th of October 2008.
As Jai Krishan had joined the department before the recruitment rules of 2008, he was not promoted as Lab Assistant in terms of the Rules of 1979, which were applicable when he had joined the department.
Apart from Jai Krishan, other laboratory bearers knocked the door of High Court vide writ petitions with lead case SWP no 1321 of 2009 titled Shakeel Ahmed and ors vs State and pursuant to the Court directions they were also promoted to the posts of Laboratory Assistant.
The High Court had also directed the department to identity the posts of Laboratory Assistant for the promotion of the Lab Bearers which the department did but only those lab bearers were considered who were part of the writ petition.
In the year 2014, Jai Krishan along with co-petitioner Raman Kumar also filed a writ petition and High Court issued directions to the School Education department to also consider the petitioners for the promotion on the analogy of the SWP titled Shakeel Ahmed and others vs State.
The CEO office Samba, cherry picked Raman Kumar from the list and promoted him as Laboratory Assistant but the Jai Krishan, who was main petitioner was denied the same benefit, allegedly due to some malafide intentions.
"The selective implementation of court orders in favour of some lab bearers and not in case of Jai Krishan amounts hostile discrimation with my client as well as contempt of court orders", the legal counsel of Jai Kumar has said in the legal notice sent to CEO Samba as well as Director School Education.
Chief Education Officer Samba Rampal said that he was unaware about the particular case of Jai Krishan but there was issue of promotions, which was to be settled in DPC meeting. "The DPC committee comprised of CEO Samba, Under Secretary to Education department as well as Assistant Director Planning in Education department, who had already hold the meeting and promotions have been finalized", he said, adding that those in the seniority list would definitely be promoted and those, who would not fall in the seniority would not.
He further said that some of the lab bearers were promoted only to avoid contempt of court directions but subject to the holding of DPC. "Now after the DPC, if some of the promoted employee would be found ineligible, he would have to retain the previous post", he said.
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