Zahid Hussain Shah vs State & ors

Going by the nature of relief sought for and with the consent of learned counsel for the parties, the present writ petition is admitted to hearing

and same is taken up for final disposal.

Through the present writ petition, the petitioners seek the following reliefs in the nature of:-

(a) Mandamus, commanding and directing the respondents to consider and rectify the educational qualification of petitioner as Graduation (i.e.,

Degree in Bachelor of Arts) while preparing his Service Book and other relevant records;

(b) Mandamus, commanding and directing the respondents to rectify the order bearing No.DSEJ/Ret/21969-70 dated:31.12.2014 issued by the

office respondent No.2 so far as it pertains to petitioner by adding Graduation as educational qualification of petitioner instead of 10+2;

(c) Mandamus, commanding and directing the respondents to consider Graduation as education qualification of petitioner with respect to all service

benefits accrued to the petitioner.

The controversy involved in the present writ petition is that the petitioner was initially engaged as Education Volunteer on the basis of 10+2

qualification and thereafter, he claims to be converted to Rehbar-e-Taleem Teacher. The petitioner claims that he has completed his degree from

Bachelor of Arts and, therefore, pleads that respondent No.2 vide order dated 31.12.2014 regularized the services of the petitioner as ReT

teacher after completing five years of service as RET. He has been shown as General Line Teacher on the basis of 10+2 whereas he should be

regularized on the basis of his graduation and his additional qualification as Adeeb-e-Kamil.

In this regard, the petitioner has made a representation (Annexure-F) dated 07.01.2015. According to him, his case was recommended by the

Chief Education Officer, Poonch vide Annexure-H to the Zonal Education Officer, Mankote and since no action has been taken, he has filed the

present writ petition.

At the outset, it is to be noticed that the letter (Annexure-F) dated 07.01.2015 has not been properly written by the Teacher. He should be

directed to correct the manner in which he writes the letter to the higher authorities, that is to say, his request should be clear and precise and not

vague. Correct spelling of ''Adeeb-e-Kamil'' has not been reflected in the letter whereas it has been written as ''A-Kamal''. The petitioner being a

Urdu Teacher should know how to write the correct version of the course which he has undergone. To this, Mr. Malhotra, learned GA states that

the representation of the petitioner will be considered and decided by the authority as may be directed by this Court.

In this view of the matter, writ petition is disposed of and the petitioner is directed to file a clear typed representation along with copy of this

order to the respondent-department, who on receipt of the same shall accord consideration in accordance with law applicable on its own merits,

preferably within a period of twelve-sixteen weeks from the date of receipt of certified copy of this order.

Writ petition alongwith connected MPs stands disposed of as above.