Jammu & Kashmir High Court - Srinagar Bench
State Of Jk & Ors vs Shahida Razak on 9 November, 2021
Serial No. 15
Regular Cause List
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
LPASW No. 103/2018
MP No. 01/2018
Dated: 9th of November, 2021.
State of JK & Ors.
... Appellant(s)
Through:
Mr Shah Aamir, AAG.
Versus
Shahida Razak
... Respondent(s)
Through: -
Ms Arifa Jan, Advocate.
CORAM:
Hon'ble Mr Justice Ali Mohammad Magrey, Judge
Hon'ble Mr Justice Sanjay Dhar, Judge
(JUDGMENT)
Per Magrey; J (Oral):
01. This intra Court appeal is directed against the Judgment dated
22nd of August, 2017 passed by the learned Single Judge, in terms whereof the
Petition of the Respondent herein (SWP No. 2207/2015) stands allowed with
the following directions:
".....
In view of the aforesaid analysis, the writ petition is disposed
of by directing the respondents to treat the petitioner as having been
appointed as EV in EGS Centre Gudoo Mohalla Abi Nowpora with
effect from 26th November, 2012 with all consequential benefits. It
is, however, made clear that in case the aforesaid Centre has been
converted in the regular School, petitioner shall be deemed to be
appointed as ReT in the aforesaid School with effect from the date
the Centre is upgraded to School. Needless to say that the petitioner
is entitled to all the consequential benefits."
LPASW No. 103/2018
02. The aforesaid Judgment has been assailed herein this appeal
primarily on the ground that the learned Writ Court, while passing the
Judgment, has failed to appreciate the fact that the Scheme under which the
Writ Petitioner/ Respondent herein was engaged as an Education Volunteer
(EV) at EGS Gudoo Mohalla, Abi Nowpora was already disbanded by the
Government. It is also contended that the learned Writ Court has erred in
disposing of the Petition and directing for engagement of the Writ Petitioner/
Respondent herein as an Education Volunteer (EV) from 26th of November,
2012 with all consequential benefits without quashing the impugned Order
No. 706 CEO of 2014 dated 7th of July, 2014 in the Petition; whereby the
claim of the Writ Petitioner/ Respondent herein was rejected by the competent
authority.
03. We heard learned Counsel for the parties, perused the pleadings
on record and have considered the matter.
04. Perusal of the pleadings on record brings it to the fore that the
Writ Petitioner/ Respondent herein, after participating in the selection process
initiated by the Respondents vide Advertisement Notification No.
ZEO/Nishat/2966 dated 2nd of August, 2005, got selected as Education
Volunteer (EV) for EVC Centre Gudoo Mohalla, Abi Nowpora, District
Srinagar. Thereafter, since the formal order of engagement was not issued in
favour of the Writ Petitioner/ Respondent herein, she filed Writ Petition
LPASW No. 103/2018
bearing SWP No. 2239/2013 which was disposed of by the Court vide Order
dated 20th of November, 2013 by directing the Respondents to consider the
engagement/ appointment of the Writ Petitioner/ Respondent herein as
Education Volunteer (EV) in EGS Centre Gudoo Mohalla, Abi Nowpora
against the available vacancy. Pursuant to the aforesaid Order having been
passed by the Court, the Respondent No.3, in terms of Order No. 706-CEO of
2014 dated 7th of July, 2017, rejected the claim of the Writ Petitioner/
Respondent herein on the ground that the scheme under which the EGS
Centres were established were banned and Education Volunteers (EVs)
engaged disbanded. This Order dated 7th of July, 2017 was assailed by the
Petitioner/ Respondent herein in Writ Petition bearing SWP No. 2207/2015,
which Petition, vide the Judgment impugned, was disposed of by the learned
Single Judge with the direction to the Respondents to treat the Petitioner/
Respondent herein as having been appointed as Education Volunteer (EV) in
EGS Centre Gudoo Mohalla, Abi Nowpora. The learned Single Judge, in the
impugned Judgment, has observed that the subsequent disbanding of the
Scheme would not affect the accrued right of the Petitioner/ Respondent
herein, therefore, she is entitled to be appointed as an Education Volunteer.
Going by the aforesaid factual backdrop, we feel that the directions given by
the learned Single Judge are beyond the power of the Writ Court inasmuch
when the basic Scheme under which the Petitioner was engaged as an
Education Volunteer (EV) was disbanded by the competent authority/
Government, then, in such eventuality, no direction for appointment of the
LPASW No. 103/2018
Writ Petitioner/ Respondent herein as Education Volunteer (EV) could have
been issued. True it is that the subsequent disbanding of the basic Scheme in
the erstwhile State of Jammu & Kashmir (now Union Territory) might have
affected the accrued right of the Petitioner, but same could not have become
the basis for directing the Respondents to treat the Petitioner as having been
appointed as Education Volunteer (EV) when the basic Scheme providing for
such engagement was not in existence any further.
05. In the above background, we allow the instant appeal and set
aside the impugned Judgment dated 22nd of August, 2017 passed by the
learned Single Judge in the Writ Petition (SWP No. 2207/2015) filed by the
Writ Petitioner/ Respondent herein. Consequently, the Writ Petition filed by
the Writ Petitioner/ Respondent herein shall stand dismissed.
06. Disposed of as above. Pending application(s), if any, shall also
stand disposed of accordingly.
(Sanjay Dhar) (Ali Mohammad Magrey)
Judge Judge
SRINAGAR
November 9th, 2021
"TAHIR"
i. Whether the Judgment is reportable? Yes/ No.
ii. Whether the Judgment is speaking? Yes/ No.
TAHIR MANZOOR BHAT
2021.11.11 14:04
I attest to the accuracy and
integrity of this document
