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2025 DAILYLAW 3508 (JK)

PINKA DEVI v. UT OF J AND K TH COMMISSIONER SECRETARY SCHOOL EDUCATION DEPTT AND OTHERS

WP(C)/1400/2025 · 2025-07-07

Ma Chowdhary

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 1400/2025 Pinka Devi …..Appellant(s)/Petitioner(s) Through: Mr. Masood Chowdhary, Advocate Vs U.T. of J&K & Ors. .…. Respondent(s) Through: Mr. Raman Sharma, AAG CORAM: HON’BLE MR. JUSTICE M A CHOWDHARY, JUDGE ORDER (07.07.2025) 1. Petitioner, through the medium of this petition seeks direction to the respondents to allow her to perform her duties and pay wages to her, claiming to have been selected, appointed and joined as Helper/AAYA in Government High School, Kalajhanger, Rajouri. 2. Mr. Raman Sharma, learned AAG, who was incidentally present in the Court at the motion stage, in view of the peculiar facts and circumstances of the case, was directed by this Court on the previous date of hearing to report instructions in the matter in view of the pleadings of the petitioner. He has produced the copy of the order whereby, the engagement of the petitioner has been cancelled, which is taken on record. 3. Mr. Sharma today submits that the appointment of the petitioner has been cancelled vide Order No. CEOR/MC/2025/3913-17 dated 08.04.2025, as the order dated 19.02.2025 whereby, the petitioner had been engaged, issued by the Headmaster, Govt. High School, Kalajhanger, Rajouri, was found by the Serial No. 56 2 WP(C) No. 1400/2025 CM No. 3295/2025 Committee of Officers, not as per proper process and recommended cancellation thereof. An explanation has also been sought from the concerned Headmaster as to why the guidelines issued by the higher authorities vide order No. 07 of CHIRAG-2023 dated 09.01.2023 and order No. 150 CHIRAG of 2023 dated 21.09.2023 and guidelines issued by the Chief Education Officer, Rajouri vide Order No. CEOR/SmS/2024/25/29225-45 dated 11.02.2025 have not been followed during the engagement process of AAYA in Government High School , Kalajhanger village Swari, Zone Peeri. 4. As the petitioner’s engagement has been cancelled/withdrawn as ab initio, she is not found entitled to continue in the job as prayed by her. 5. Confronted with the aforesaid situation, learned counsel for the petitioner submits that the instant petition be disposed of with liberty to the petitioner to avail the available legal remedy vis-a-vis, cancellation of her engagement as Helper/AAYA. 6. Be that as it may, the petition is disposed of at this motion stage for having been rendered infructuous with liberty to the petitioner to work out her remedy available under law. 7. The respondents are, however, directed to pay duly earned wages, if any, to the petitioner till cancellation of her order, in case, she may have attended to her duties. 8. Disposed of. (M A CHOWDHARY) JUDGE Jammu 07.07.2025 Suraj K. Singh