Mohd Irfan
In an OA moved by applicant namely Ranjana Shan who is working as lecturer in the Boys Higher Secondary School Kishtwar was transferred to Girls Higher Secondary School. Kishtwar and that Order was assailed by the Applicant under OA no 796/ 2022 before the common administrative Tribunal Jammu and the CAT comes to the rescue of the Applicant and provided her the interim relief by directed the education officials to maintain status quo in respect of the applicant present position.
Chief Education Officer Kishtwar (CEO) & District Treasury Officer Kishtwar misused their official position by providing undue benefit to the real sister of director accounts & treasuries Jammu by violating the directions passed by CAT Jammu. The CEO Kishtwar without any competence & jurisdiction, in order to defeat the interim directions passed by the CAT has issued communication by virtue of which an influence is being created to principal boy’s higher secondary school Kishtwar to
treat the applicant namely Ranjana Shan who is petitioner before the CAT as surplus & release the salary of shakti devi who being the real sister of director accounts & treasuries against sanctioned post in order to please the Director Accounts and Treasuries. The factual matrix of the case is that the applicant namely Ranjana Shan, who had filed an OA before the Central Administrative Tribunal CAT through Advocate, Nazim Ud Din Qazi, was transferred from DIET Kishtwar to Boys Higher Secondary School, Kishtwar by virtue of an order No.481-JK (Edu) of 2022 dated 06-05-2022. After the completion of ATD-2022 the applicant approached the office of Principal, Govt. Boys Higher Secondary School, Kishtwar on 16-06-2022 at about 10:05 am and presented her joining report in light of Govt. order No.481-JK (Edu) of 2022 dated 06-05-2022 and accordingly the applicant was allowed to join in the institution i.e. Govt. Boys Higher Secondary School, Kishtwar. It is pertinent to mention here that the salary of the applicant for the month of June and July, 2022 was also drawn by the respondent No.5 against the sanctioned strength /post which was occupied by the applicant. It is worthwhile to mention here that one Shakti Devi, Lecturer Hindi (respondent No.8) who happens to be the real sister of Director Accounts and Treasuries, Jammu (respondent No.4), posted at Girls Higher Secondary School, Kishtwar also approached the office of the Principal, Govt. Boys Higher Secondary School, Kishtwar on 16-06-2022 at about 11:30 am and claimed that she has also been transferred to Govt. Boys Higher Secondary School, Kishtwar in light of the Govt. order No.470-JK (Edu) of 2022 dated 06-05-2022. The said Shakti Devi was informed by the Principal, Govt. Boys Higher Secondary School, Kishtwar that there is only one post of Hindi Lecturer available in this
institution and the applicant Ranjana Shan has already joined in the institution before her arrival. From the communication dated 23-06-2022, it is crystal clear that the applicant is working against an available sanctioned post and Shakti Devi is working against surplus vacancy, however, it is further submitted here that the Principal Secretary School Education Department, Civil Secretariat, Jammu had issued a Govt. order No.2007-JK (Edu) of 2022 dated 29-07-2022 whereby the applicant had been transferred from BHSS Kishtwar to GHSS Kishtwar and that order was assailed by the applicant by virtue of an OA No.796/2022 before the Hon’ble Central Administrative Tribunal Jammu Bench and Tribunal come to the rescue of the applicant and had directed the officials of Education Department to maintain the status quo with regard to the present position of the applicant. Now the Chief Education Officer who has no jurisdiction or concern in the said matter, by misusing his official position has issued communication to Principal boys Kishtwar by virtue of which influence is being created to the principal boys HSSS Kishtwar to treat the applicant namely Ranjana Shan as surplus and release the salary of Shakti Devi against sanctioned post and that too in violation of the interim directions passed by the CAT, Jammu. Talking to Hidden News Advocate Nazim Ud Din Qazi divulged that Chief Education officer Kishtwar has misused it’s official position by violating the interim directions of the CAT with impunity and its an astonishing aspect that CEO Kishtwar who is not the authority for effecting transfers of lecturers rather it’s the JKPSC and the competent authority is the Commissioner Secretary Higher Education department but this CEO Kishtwar crossed the red line.
