Illegal appointment: HC imposes Rs 50,000 cost on ZEO -
Illegal appointment: HC imposes Rs 50,000 cost on ZEO
Posted 10 Mar 2018 03:41 PM

Justice Tashi Rabstan of Jammu and Kashmir High Court Jammu Wing on Friday imposed cost of Rs 50,000 on the then ZEO Lakhanpur for ignoring the genuine claim of petitioner.
The court direction came in petition titled Ranjna Sharma versus State and others vide SWP No. 2106/2006.
Advocate R.K Jain appeared for the petitioner (Ranjna Sharma) while Government Advocate Suneel Malhotra and Advocate Sanchit Verma represented the State.
Advocate Jain submitted that pursuant to Advertisement Notice dated June 29, 2004 issued by Director School Education (DSE) Jammu, the petitioner as well as respondent applied for the appointment against the post of Rehbar-e-Taleem Teacher in Government Middle School Choi, Village Tridwan, Lakhanpur Zone, District Kathua.
“Both the petitioner and respondent who were graduates submitted their applications well in time as the last date for submission of applications was July 14, 2004. The petitioner was having higher merit than the respondent. Subsequently, DSE Jammu prepared the panel for appointments”, the counsel of petitioner submitted adding that DSE Jammu in order to accord undue favour to respondent allowed her to place on record her B.Ed marks sheet dated October 7, 2004, acquired much after the last date of submission of application forms.
“Accordingly, the respondent was given the appointment order on the basis of higher qualification and the petitioner’s right was ignored”, Advocate Jain submitted.
While observing that the perusal of original record revealed that at the time of submission of application forms the petitioner and respondent were having same qualification i.e. graduation and the petitioner (Ranjna Sharma) was having higher merit than that of respondent, the court held that the appointment of respondent was illegal.
Considering that respondent serving as General Line Teacher has already been regularised in the year 2010 and it would not be feasible to disturb her appointment at this stage, the court directed DSE Jammu to issue appointment order in favour of petitioner for the post of General Line Teacher with all consequential benefits minus monetary benefits.
For issuing appointment letter to the respondent, the court fined the then Zonal Education Officer Lakhanpur with costs of Rs 50,000 to be deposited within a period of eight weeks and directed that on deposit, the same shall be released in favour of petitioner after proper verification and identification.
The court also directed concerned DDO to not release the salary of the then ZEO, Lakhanpur wherever and on which ever post he is posted, till he produces the receipt of depositing Rs. 50,000 in Registry of this court. “In case, the aforesaid ZEO is already retired, it is directed to not release his pension till he deposits the aforesaid amount”, the court observed.

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