Jammu, April 25: In O.A./366/2024 titled RAMAN CHANYAL Vs SCHOOL EDUCATION DEPARTMENT after hearing CAT Jammu ordered as under:-
Mr. Abhinav Sharma, learned Sr. Counsel submitted that the applicant is aggrieved of impugned Government Order No. 161-JK (Edu) of 2024 dated 05.03.2024, whereby the promotion of the applicant herein from the post of Lecturer up to Incharge Principal has been withdrawn ab-initio and the applicant has been reverted back to the post of Teacher.
The applicant is also aggrieved of impugned order bearing No. DESJ/Gaz/6371-73 dated 15.03.2024 passed by Respondent No. 2 by way of which the applicant has been directed to report to Respondent No. 3 for further duties as a Teacher and relieving order bearing No. 199/HSS/M dated 16.03.2024.
2. Inter alia, the applicant has prayed for interim relief that the operation of the impugned Government Order No. 161-JK (Edu) of 2024 dated 05.03.2024, impugned order bearing No. DSEJ/Gaz/6371-73 dated 15.03.2024 & impugned relieving order bearing No. 199/HSS/M dated 16.03.2024.
3. Mr. Abhinav Sharma, learned Sr. Counsel for the applicant submitted that the applicant completed his Masters Degree in Science from Magadh University in the year 2002 with prior permission of the respondents. One Ms. Anita Sharma had filed SWP No. 577 of 2003 before the Hon’ble High Court seeking quashment of entry reflected in her service book regarding extra ordinary leave granted in her favour in her service book and sought direction against the respondents therein to grant study leave for the said period which was otherwise treated as extra ordinary leave and record the same in her service book and further a direction was also sought to grant permission to her for completing M.Sc. Course in Chemistry from Magadh University for the session 1998-2000 w.e.f. year 2000.
The said Writ Petition was disposed of by Hon’ble High Court and thereafter, a Contempt Petition was filed by the applicant, wherein the applicant sought a direction against the respondents to grant her the same benefit as has been granted to the applicant herein – Raman Chanyal.
In the aforesaid Contempt Petition, the Hon’ble High Court vide order dated 31.12.2019 directed the respondents to examine the case of the Ms. Anita Sharma vis-à-vis, the applicant herein and in case, the case of Ms. Anita Sharma is found to be similarly situated to the case of Raman Chanyal, similar procedure in respect of Ms. Anita Sharma shall be adopted.
Subsequently, the case of Ms. Anita Sharma was examined visà-vis, the applicant herein and respondents were of the opinion that the applicant has been wrongly granted promotion and vide order dated 05.03.2024, the promotions already granted to the applicant and Ms. Anita Sharma were withdrawn ab-initio.
It is the contention of learned Sr. Counsel that before issuing the aforesaid order, the basic principles of natural justice has not been followed as neither any show cause notice was issued nor any opportunity of being heard was given to the applicant.
As such, the impugned orders being illegal, arbitrary and unconstitutional needs to be stayed.
4. On the other hand, Mr. Sudesh Magotra, learned A.A.G. appearing for the respondents vehemently opposed the prayer of interim relief made by the applicant and prayed for sometime to file a detailed reply.
5. Heard the learned counsel for the applicant.
6. It would be apt to mention here that Ms. Anita Sharma being aggrieved of action of respondents of withdrawing the promotions already granted to her vide impugned order dated 05.03.2024, had approached this Tribunal by filing Original Application No. 330 of 2024 seeking stay of the impugned order. However, this Tribunal had rejected her prayer for interim relief.
Being aggrieved of order passed by this Tribunal, she approached the Hon’ble High Court of Jammu & Kashmir by filing WP (C) No. 757 of 2024 which was disposed of by Hon’ble High Court vide order dated 03.04.2024 whereby the impugned order dated 05.03.2024 was stayed qua Anita Sharma.
Since, the applicant has also challenged the same impugned order by way of the instant Original Application, and the Hon’ble High Court has already stayed the order dated 05.03.2024 qua Ms. Anita Sharma, this Tribunal is inclined to grant interim relief to the applicant herein also.
7. Accordingly, as an interim measure, the operation of impugned Government Order No. 161-JK (Edu) of 2024 dated 05.03.2024 and Order No. DSEJ/Gaz/6371/73 dated 15.03.2024 and impugned relieving order bearing No. 199/HSS/M dated 16.03.2024 are hereby stayed till the next date of hearing.
The respondents are also directed to permit the applicant to continue working at HSS Machhedi.
8. The respondents shall file a detailed reply by the next date of hearing
. 9. List on 18.06.2024.
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