CENTRAL ADMINISTRATIVE TRIBUNAL

SRINAGAR BENCH, SRINAGAR

(SWP NO.: 2323 OF 2017) Reserved on –11.10.2023

Pronounced on – 27.09.2024

C O R A M

HON’BLE MR. D.S.MAHRA, MEMBER (JUDL.)

HON’BLE MR. PRASANT KUMAR, MEMBER (ADMN.)

..............

1. Gulzar Ahmad Khanday, age 31 years, S/o Ghulam Ahmad

Khanday.

2. Shugufta Mohi ud Din, age 30 years, D/o Ghulam Mohi ud Din.

….Both residents of Naseer – Pora, Panchayat Budgam,

Kashmir. ….......Petitioners.

By Advocate :- Mr. Bilal Ahmad Khan.

Vs.

1. State of Jammu & Kashmir through Commissioner/Secretary to

Govt., Education Department, Civil Secretariat,

Srinagar/Jammu.

2. Director, School Education Kashmir, Srinagar.

3. Directorate of School Education, Kashmir, Srinagar.

4. Chief Education Officer, Budgam.

5. Zonal Education Officer, Khag, Budgam. ........Respondents.

By Advocate:- Mr. Mubashir Majid Mallik, DAG.

O R D E R c. A writ of Mandamus, declaring that the appointment of the petitioners is valid in view of Article 16(2) and Article 21 of the Constitution of India.

Prasant Kumar, Member (Admn.) :- The instant TA No. 6764 of 2020 was filed before the Hon’ble High Court of J&K on 13.11.2017 as SWP No. 2323 of 2017 through which the petitioners have prayed for the

following reliefs –

a. A writ of Certiorari, impugned order No. 1420 DESK of

2017 dated, 3.11.2017, as forming Annexure-L issued by the respondent no. 2 be quashed being violative of

Article 14 and 16 of the Constitution of India.

b. A writ of Mandamus, directing the respondents to

regularize the service of petitioners on the analogy of RET scheme wherein the petitioners have completed

five years of service.

d. Any other order, direction or albiet which this Hon’ble Court may deem fit and proper may also be passed favouring petitioners and against the respondents though not specially prayed for.

2. Ld. Counsel for the petitioners submit that the respondent department issued an advertisement notice on 19.10.2008 for engagement of RETs in Panchayat Halqa Hurdu Surest Budgam, Zone Magam, Kashmir and the petitioners applied for the said post. A panel of six candidates was prepared and two were selected. The said selection was challenged by the present petitioners and accordingly the engagement of those candidates was cancelled and the same committee proposed the petitioners for the posts as per their merit and merit in the proposed panel.

3. The Zonal Education Officer, Magam (Khag) vide its communication no. ZEO/M/10/02 dated 1.4.2010 (Annexure-C of the paper book), requested the Chief Education Officer, Budgam to guide / instruct whether the panel is prepared in favour of the petitioners or fresh advertisement is made. The Chief Education Officer, Budgam, through his communication no. CEOB/Plg/RT/2010/057 dated 10.4.2010 (Annexure-D of the paper book) referred to the communication no. 501-DESK of 2010, dated 20.3.2010 of the Director, School Education, Kashmir and advised the Zonal Education Officer to proceed in the matter by issuance of engagement order in favour of the petitioners. Accordingly, after completion of all the formalities the petitioners were engaged as RET in BMS Panzyari vide order dated 21.4.2010 (Annexure-E).

4. Ld. Counsel for the petitioners submit that after three years of service rendered by the petitioners, on the basis of some complaint the respondent no. 4 (Chief Education Officer, CEO, Budgam) constituted a committee to enquire the complaint(s). According to the Ld. Counsel for the petitioners, this committee did not afford an opportunity of being heard to the petitioners and submitted its report that concluded that the then CEO, Budgam, without fulfilling the formalities issued engagement order in favour of the petitioners and as per reports of Zonal Education Officer, ZEO, Magam, the petitioners had not at all applied for the engagement and the records of both the candidates were not available in office. The committee also added that the CEO Budgam did not publish the selection list in the daily local newspapers, nor any objections