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2025 DAILYLAW 13776 (JK)

FATIMA BANO v. STATE TH.EDUCATION DEPTT.AND ORS.

SWP/130/2016 · 2025-12-20

Sanjeev Kumar

body2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU SWP No.130/2016 Date of pronouncement: 20.12.2025 Uploaded on : .12.2025 Fatima Bano @ Fatima Begum, Age: 37 years W/o Shahnawaz Shah, R/o Village Dugga Abdal Aabad, Tehsil & District Kishtwar ..... Petitioner(s) Through :- None v/s 1. State of Jammu and Kashmir, through Commissioner/Secretary, Education Department, Civil Secretariat, Jammu. 2. The Director School Education Department, Jammu 3. The Chief Education Officer, Kishtwar 4. The Zonal Education Officer, Nagsani, Kishtwar. .....Respondent(s) Through :- Ms. Jagmeet Kour, Advocate vice Mr. Raman Sharma, AAG CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE ORDER 20.12.2025 1. This is a petition filed by a contingent/local fund paid worker engaged by the respondents on 06.05.2005 in Govt. Middle School, Cherhar Zone Nagseni, Kishtwar. The case of the petitioner is that he has been working as contingent/local fund paid employee in the School Education Department for the last more than eleven years and is, therefore, entitled to be regularized/absorbed permanently in Government service in terms of J&K School Education (Subordinate Service Recruitment Rules), 2008 notified vide SRO 308 of 2008. He Sr. No. 10 2 has placed reliance upon couple of judgments passed by this Court at Srinagar Wing. 2. Having heard learned counsel for the respondents in the absence of counsel for the petitioner, it is seen that the grievance of thousands of contingent/local fund paid employees engaged as waterman/sweeper in various schools, was considered by the Government in light of various directions issued by this Court in various writ petitions filed by such employees and it was decided that 50% of the Class-IV posts in School Education Department shall be filled up by selection from middle pass contingent/local fund paid employees by the committee duly constituted for the purpose by the concerned Director School Education. It is submitted that such committee is in position and seniority list of contingent/local fund paid employees has been prepared by the Education Department and 50% posts, out of the Class IV posts, are being filled up from such candidates on the basis of their seniority and eligibility. 3. In view of the aforesaid, grievance projected by the petitioner in this petition is premature and he will have to wait till he comes up in the seniority and falls in the zone of consideration for being appointed by way of selection to the Class-IV post. The aforesaid policy of the Government has been given a statutory flavour by specifically providing 50% quota for contingent/local fund paid employees in the Rules of 2008. 3 4. For the foregoing reasons, I find no reason or justification to permit the petitioner to continue with this petition. That apart, the petitioner has taken no steps to pursue this petition since February, 2016, when it was last listed before this Court. Today also none has come present on behalf of the petitioner. It seems that the petitioner has lost interest to pursue this petition. 5. Accordingly, this writ petition along with connected application, if any, is dismissed for non-prosecution. (Sanjeev Kumar) Judge JAMMU 20.12.2025 Vinod. Whether order is speaking: Yes/No Whether order is reportable: Yes/No Vinod Kumar 2025.12.23 13:10 I attest to the accuracy and integrity of this document