Jammu, Nov 18: In T.A. No. 61/2521/2020 after hearing tiltled Anita Parihar Versus 1. State of Jammu & Kashmir through Commissioner/Secretary, Education Department, J&K Govt., Civil Secretariat, Jammu, a bench of HON’BLE MR. RAKESH SAGAR JAIN, MEMBER (J) HON’BLE MR. ANAND MATHUR, MEMBR (A) orderd as:-
1. It is admitted position that the applicant has been appointed as Teacher on the recommendation of Jammu and Kashmir Service Selection Board vide appointment order dated 20/03/2002.
It is also admitted that the merit list prepared by the Jammu and Kashmir Service Selection Board reflects the name of the applicant at serial no. 2 in the merit list.
2. The claim of the applicant is that she should have been promoted as Master prior to the private respondents in the petition.
Learned counsel for the applicant has referred to Rule 24 of the J&K Civil Services (Classification, Control & Appeal) Rules, 1956 which lays down that seniority shall be determined, in case of those persons who are recruited directly except those who do not join their duties when vacancies are offered to them, according to the positions attained by and assigned to them in order of merit at the time of competitive examination or on the basis of merit, ability and physical fitness etc.
3. The applicant during the course of arguments has referred to the rejoinder filed by the applicant wherein in para 7 it is pleaded that the Director, School Education, Jammu vide order 17/DSEJ of 2018 dated 04/01/2018 in continuation to letter of DSEJ/NG/14/PROM/725568 dated 11/02/2014 promoted applicant as Master w.e.f. 2018.
4. In view of the submissions, the record placed on the file, the rule position and after hearing the parties, the O.A. is disposed of by directing the official respondents to treat the promotion of applicant as Master w.e.f., 23.04.2013 with all consequential benefits including monetary benefits from the date her juniors have been promoted and fix the seniority accordingly.