Jammu & Kashmir Admin Denies Claim For Seniority List & Claim For Promotion As Lecturer
Jammu & Kashmir Admin Denies Claim For Seniority List & Claim For Promotion As Lecturer
the petitioners have filed above titled writ petition before the Hon’ble High Court of J&K at Srinagar wherein the petitioners have prayed for following relief/s:-
1) that the respondent No. 2 be directed to decide the representation of the petitioners and accord them benefits of promotion as Lecturer in Environmental Science in accordance with their seniority on available posts/ newly created higher secondary schools in which distribution of posts have been done by the field agencies in different subjects including Environmental Science, and issue the promotion order according to the final Seniority.
Whereas, the Hon’ble High Court of J&K disposed of the above writ petition vide order dated 20.08.2018 at its threshold with the following orders/ directions:-
“…Having regard to the grievance projected by the petitioner and the relief sought this petition is admitted and is taken up for the final disposal and is disposed of with the direction to the respondents to accord consideration to the claim of the petitioners particularly in light of annexure B & S attached to the writ petition.”
Whereas, in compliance with the above directions of the Hon’ble Court, the cases of the petitioners were considered and examined in the Department meticulously having regard to Government Order No. 252- HE of 2021 dated 30.05.2012, Government Order No. 940-Edu of 2017 dated 17.11.2017 and SRO 339 of 2005 dated 20.12.2005 and other rules governing the field and based upon such examination following picture having bearing upon the cases of the petitioners has emerged;
Whores, the in the ten and tid e pioners do not meet the impairments as per the conf 2021 daird 30.05.2012, Government Onder No. 40 of 2017 de 17.11.2017 and 380 330 of 2006 dated 2012 and the vales governing the field for their mis to the pouts Lecturer in Binnental Sciences
Whereas, it has beer alan observed that the petitioners be obtingest these degrees onto with dining the proper permission Ban the competem authority, during the academic son at the cost of imparting education to the students of their respective schools, which is The matter of separate enquiry. The Petitioners hane obtained wach degrees seithout obting proper permission from the Competent Authority as required under JK Leave Roles in such the higher qualification acquired by the incumbents in contraventions to the rules
and regulations cannot be considered for the purposes of seniority and promition or otherwise to the post of Lecturer in Environmental Sciences Whereas, the petitioners have obtained their PG degrees through Distance Mode in contravention to the conditions laid down in SRO 940
of 2017 and other niks governing the field. The petitioners have alaupursued their higher qualification degrees in contravention to Jak Leave Rules of 1979 and Government Order No 940-Edu of 2017 dated17.11.2017, L, without obtaining proper permission from the competeur
authority in this regard
Whereas, based upon the observations and on further examination of the cases of the petitioners in the Department, having regard to Government Order No. 252-41 of 2021 dated 30.05.2012, Governmen order No. 940 Edu of 2017 dated 17.11.2017 and SRO 339 of 2005 dates 20.12.2005, and other rules governing the field and based upon such examination following mout questions emerge for consideration in case of petitioners
Whether degree obtained through Distance Mode either. in Environmental Sciences or Ecology and Environment In contrawation to the provisions/ conditions fald down in Government Order No. 252 HE of 2021 dated 30.06.2012, Government Order No. 940-Eda of 2017 dated 17.11.2017 cau be considered valid for the purposes of seniority and promotion.
