STATE TIMES NEWS
JAMMU: A Division Bench of J&K State High Court comprising Chief Justice N. Paul Vasathakumar and Justice Tashi Rabstan on Tuesday directed Director School Education, Jammu (DSEJ) to engage/adjust petitioner Yog Raj, son of Tara Mani, resident of village Karua, Reasi in Government Middle School, Tanda where the post of ReT is lying vacant. The DSEJ was further directed to do the needful within a period of four weeks.
The Court also come to the rescue of one, Banarsi Dass, son of Ishar Dass, resident of Kotli Manotrian, Reasi who had been appointed as ReT in Govt. Primary School Jullah situated at Village Karua, Reasi on 18th November, 2003 but his appointment was quashed by the Single Judge vide his judgment dated 30th September, 2016.
The Court observed that Banarsi Dass should be allowed to continue in Government Primary School, Jullah, Reasi and in view of the peculiar circumstances of the case, the appointment of Banarsi Dass is maintained and petitioner Yog Raj should be engaged/ adjusted in Govt. Middle School, Tanda where the post of ReT is lying vacant.
Advocate Sheikh Shakeel Ahmed with Advocate Irfaan Mohd. Khan appeared for the petitioner Yog Raj while as Advocate G. S Thakur appeared for Banarsi Dass and Additional Advocate General (AAG) Raghu Mehta appeared for Education Department in the aforesaid case. The Bench modified the judgment passed by the Single Judge on 30th September, 2016 quashing the appointment of Banarsi Dass on the plea that the aforesaid post was meant for residents of village Karua but Banarsi Dass belongs to Kotli Manotrian.
Advocate S. S Ahmed stated that injustice was done to Yog Raj in the year 2003 when vacancy meant for village Karua was illegally filled by accommodating an outsider i.e. Banarsi Dass belonging to Kotli Manotrian.
On the other hand, Advocate G. S Thakur appearing for Banarsi Dass pressed equity into service and submitted that it will be quite unjust to throw Banarsi Dass out of job when he has already served for 14 years and has turned overage.
The Bench directed AAG to find out a way regarding the adjustment of Yog Raj against the post of ReT or any other equivalent post in the Department.
At the final consideration of the appeal, the AAG produced a communication dated 6th December, 2016 addressed by Chief Education Officer, Reasi to the Director School Education, Jammu which revealed that one ReT position is lying vacant in Middle School Tanda, Zone Reasi due to resignation of an ReT Teacher.
The Bench in view of the communication received from DSEJ disposed of the appeal by directing the DSEJ to engage/adjust petitioner Yog Raj in Govt. Middle School Tanda where the post of ReT is lying vacant and the Director School Education Jammu has further been directed to do the needful within a period of four weeks.
The Division Bench also maintained the appointment of Banarsi Dass in view of the peculiar facts and circumstances of the case.
