Mushtaq Ahmad Rather vs Union Territory Of J&K Through Commissioner Secretary, Department Of Education And Others

D.S. Mahra, Member J

The applicant has filed the present OA being aggrieved by the order dated 15.12.2022 by virtue of which the applicant has been demoted. He has sought for the following relief :

“(1) An order/direction, quashing the impugned order No.96-CEO/Gbl of 2022 dated 15.12.2022.

(2) An order or direction restraining the respondent department from relieving the petitioner/applicant from the post to which he is promoted;

(3) Any other order or direction which the Hon’ble Court may deem fit and proper in the given facts & circumstances of this case may also be issued in favour of the applicants and against the respondents, the same would be in consonance with law & justice.

The applicant was working as Orderly in the Department of Education and was posted at BHS Gutlibagh, Ganderbal. By virtue of the order dated 14.11.2022 in a stop gap arrangement the applicant along with other eight employees were placed as I/C Lab Assistant in their own grade and pay. Subsequently by virtue of the order dated 18.11.2022, they were adjusted against different available posts. The applicant was adjusted at BHSS Hariganiwan where he joined immediately. By order dated 15.12.2022 the applicant was dropped out from the list of Lab Assistants due to non-availability of post. The respondents have issued one tentative seniority list in which the applicant’s name is figuring at Sl. No. 44.

The applicant submits that from this list the status of working of the applicant as I/C Lab Assistant is authenticated. He further submits that the action of the respondents demoting him is illegal and in gross violation of the rules. He also submits that principles of natural justice has been violated since the applicant has not been given any opportunity of being heard nor he was put to any notice. He further submits that it will suffice if a direction is issued to the respondents to consider the case of the applicant.

Mr.H.A.Ali, DAG appears for the respondents.

In view of the limited prayer made by the learned counsel for the applicant, we dispose of the present OA with a direction to the respondents to treat the present OA as a representation and consider the claim of the applicant as per rules within four weeks from today by passing a reasoned and speaking order and communicate the same to the applicant. Till the said representation is finally decided, the respondents are directed not to act upon the order dated 15.12.2022.

With the above observation, the OA is disposed of. There will be no order as to costs.