Partly allowed

Pinka Devi v. Ut of J and K Th Commissioner Secretary School Education Deptt and Others

J&K HC7 Jul 2025WP(C)/1400/2025

Case brief

AI extract

What is this about?

Petitioner sought directions for appointment and wages as a school helper. Court found engagement cancelled ab initio due to procedural lapses. Petition dismissed as infructuous with liberty for alternative remedy; payment of earned wages directed if duties were performed.

What did the court decide?

Petition disposed off as infructuous with liberty to seek alternative remedy. Respondents directed to pay earned wages if petitioner attended duties.

Pinka Devi Vs Ut of J and K Th Commissioner… — Pension and Retirement Benefits | J&K HC (2025)

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Serial No. 56

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU

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WP(C) No. 1400/2025 Pinka Devi

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…..Appellant(s)/Petitioner(s)

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Through: Mr. Masood Chowdhary, Advocate

U.T. of J&K & Ors.

.…. Respondent(s)

Through: Mr. Raman Sharma, AAG

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CORAM: HON’BLE MR. JUSTICE M A CHOWDHARY, JUDGE

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ORDER (07.07.2025)

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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.

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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.

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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

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2 WP(C) No. 1400/2025 CM No. 3295/2025

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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.

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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.

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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.

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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.

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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.

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8. Disposed of.

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(M A CHOWDHARY) JUDGE

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Jammu 07.07.2025 Suraj K. Singh

Pinka Devi v. Ut of J and K Th Commissioner Secretary School Education Deptt and Others

Case brief

What is this about?

What did the court decide?

Pinka Devi v. Ut of J and K Th Commissioner Secretary School Education Deptt and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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