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news details
HC defers promotion as CEO till petitioner's regularization as Principal is considered
9/5/2018 9:58:13 PM
Early Times Report
Jammu, Sept 5: In a petition filed by Gulzar Hussain seeking direction to State to consider his claim for regularization as Principal 10+2 as also Incharge Chief Education Officer.
Justice Sanjeev Kumar of J&K High Court Jammu Wing after hearing Advocate for the petitioner issued notice to the respondents and ordered that subject to objections from the other side, it is provided that promotions/placements as Chief Education Officers, shall defer till the next date of hearing or till the case of the petitioner for his regularization as Principal 10+2 is considered by the respondents in terms of the judgment dated 22.01.2015 passed in SWP No.128 of 2015, whichever is earlier.
In short the submission of learned counsel for the petitioner is that by virtue of Govt. Order No. 562-Edu of 2012 dated 10.07.2012 the petitioner became senior to Lal Hussain in the cadre of Senior Lecturers, therefore, had a superior right of being placed as Principal and Incharge Chief Education Officer. It is further submitted that though wrong done in the case of the petitioner was rectified and he was placed at the appropriate place in the seniority list of Senior Lecturers yet its effect was not given in so far as further promotion as Principal 10+2 and Incharge Chief Education Officer is concerned, and on the other hand Lal Hussain was not only regularized as Principal 10+2 w.e.f. 01.02.2005 but was further placed as Incharge Chief Education Officer and even the Joint Director.
Aggrieved, the petitioner approached this Court by way of SWP No.128/2015 which was disposed of by this Court on 22.01.2015 directing the respondent No.1 to accord consideration to the claim of the petitioner for regularization as Principal 10+2 as also Incharge Chief Education Officer. It is alleged that the judgment passed by this Court was not complied with which constrained the petitioner to file contempt petition which is still subjudice in the Court.
Justice Sanjeev Kumar further observed that the grievance projected by the petitioner in this case is that while as on one hand the respondents are yet to comply with the directions issued by this Court and give him the actual benefits accrued to him by virtue of his promotion as Lecturer on 03.05.1992 and Senior Lecturer w.e.f. 01.01.1999, on the other hand, the respondents have not only placed Lal Hussain his immediate junior as Incharge Chief Education Officer but have also picked up the respondents 04 to 06 for their placement as Incharge Chief Education Officer.
Justice Sanjeev Kumar directed that subject to objections from other sided promotions/placements as Chief Education Officers, shall defer till the next date of hearing.
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