‘Govt order challenged before CAT found no merit on ground, applicant is surplus, overstaying’
Rohit Kansal, Principal Secretary J&K Higher Education Department and trustworthy bureaucrat, who once known as spokesperson of J&K Govt, has started reform in the higher education department, he may face litigations in days to come, but he is going in right and much needed direction, a transfer order challenged by a faculty before the Central Administrative Tribunal (CAT) found no merit, when the case was considered by the Higher Education on the order of the Tribunal.
“Vide Government Order No. G.O No.110-3K(HE) of 2022 Dated: 02.05.2022, among others Smt. Sarita Khajuria, Assistant Professor was transferred from Government Degree College, Bishnah to Government Degree College, Jindrah. In this regard, she has submitted a representation to the Department on 04-05-2022 which has not been decided as alleged. The aggrieved by her transfer, she approached the Hon’ble Tribunal.”, sources told The Hidden News.
The Hon’ble Tribunal while considering the mater disposed of the petition vide order dated 11.05.2022 which reads as, “On consideration of the submission of the counsels for both the parties, this, has disposed of OA/petition at admission stage, without expressing any opinion on merits of the case, directing Respondent No.I to consider the pending representation of the applicant dated 04-05-2022 as per provisions or applicable rules on the subject and decide it with a reasoned order within two weeks from the date of receipt of a certified copy of this order and within one week thereafter to communicate it to the applicant.”
“In compliance to the order dated 11.05.2022, the case was examined and it was observed that there are 18 surplus faculties (Dogri) in different Colleges while 31 posts are vacant in other Colleges. This is leading to an anomalous situation whereby there are no teachers in 31 locations where posts are available whereas the teachers of 18 colleges are finding it difficult to draw their salaries in the absence of sanctioned posts The said Surplus staff represented the Department for drawl of their salaries as no vacant posts are available in their colleges to draw the salaries”, sources said.
“Keeping in view request of surplus staff, the process of rationalization was initiated to streamline the functioning of GDCs and to settle the File No.HED- LEG/105/2022-04-Higher Education Department issue of drawl of salary once for al. Whereas, upon further examination of the matter, it was observed that in GDC Bishnah, there is only one sanctioned post in Dogri subject. However, three Assistant Professors are working in GDC Bishnah against one sanctioned post”, sources said.
They further said that the details along with stay position of all the three Assistant Professors are as, Dr. Sarita Khajuria 05.06.2017, Dr. Sushma Kumari 09.09.2017 and Prof. Shallu Ranu 28.08.2019
Whereas, Dr. Sarta khajuria is not just surplus in the college, but among the surplus faculty, she has the maximum tenure of stay there.
“In light of the above, the applicant namely Dr. Sarita Khajuria who was posted without a post and was having maximum stay period and was accordingly transferred to GDC Jindrah against an available post. The representation of the applicant has been examined and, on its examination, it has been found that three officers including applicant were working against one sanctioned post. Among the three staff faculty members, the applicant has completed nearly five years at her present position”, sources said. “Transfer is exigency of service and officers/faculty are transferred based on need of the organisation and interests of the students. Now therefore, consequent upon, and in compliance to the dated 11/05/2022 passed OA no14/449/2022 titled Sarita Khajuria V/S UT of J&K and others, the case of the applicant Dr Sarita Khajuria has been carefully considered and found without any merit. Hence her representation is rejected”, sources said.
