Puja Mengi vs S. Ravinder Singh
2021 Latest Caselaw 497 j&K

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                                     HIGH COURT OF JAMMU & KASHMIR
                                                 AT JAMMU
                                          (Through Video Conference)

                                                                  CPSW No. 58/2018
                                                                  CM No. 3573/2019
                                                                  CM No. 1397/2019[1/2019]

              Puja Mengi                                              .....Appellant(s)/Petitioner(s)

                                          Through: Mr. Abhinav Sharma, Sr. Advocate with
                                                   Mr. Abhimanyu Sharma, Advocate

                                     Vs

              S. Ravinder Singh, Director Education                             ..... Respondent(s)
              Department and another

                                          Through: Mr. Suneel Malhotra, GA

              Coram: HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, JUDGE

                                                      ORDER

22.04.2021

As per the judgment and order dated 07.11.2017, a coordinate Bench

of this Court had directed the respondents to accord consideration to the

recommendation of respondent No. 3-Chief Education Officer, Reasi in relation

to the claim of the petitioner for appointment against the unfilled post. The

petitioner's name had figured in the waiting list. The decision, however, has not

been taken and in the statement of facts, a stand is taken that since the life of the

waiting list is restricted only to one year, which has since elapsed, the decision

can be taken only after taking approval from the General Administration

Department by granting relaxation.

Needless to say that there was no such direction issued, which

permitted the respondents to seek permission/approval from the General

Administration Department at the relevant time. Moreover, when the judgement

MUNEESH SHARMA 2021.04.27 13:00 I attest to the accuracy and integrity of this document

and order dated 07.11.2017 was pronounced, the panel was very much alive and

within its life of one year. The delay, if any, is attributable to none else but the

Education Department. The respondents were always under an obligation to take

a decision and now, the direction cannot be either diluted or indirectly

questioned on the plea that the decision can be taken only after the approval of

the General Administration Department.

The stand of the respondents, rendering such an explanation is

unacceptable. It is, therefore, ordered that a decision be taken immediately

without any administrative approval or permission from the General

Administration Department and the same be reported to this court within a

period of three weeks from today by filing an affidavit.

List again on 25.05.2021.

(Dhiraj Singh Thakur) Judge Jammu:

22.04.2021 NARESH

MUNEESH SHARMA 2021.04.27 13:00 I attest to the accuracy and integrity of this document