“After orders from the High Court, instead of compensating the aggrieved, the department approached the Supreme Court, which also dismissed the special leave petition filed by the State Government”
K Koushal
58-year-old Abdul Rashid Katoch has spent more than 33 years of his life fighting ‘defiant’ and ‘supercilious’ administration of Jammu and Kashmir Education Department, which appears reluctant to compensate the aggrieved of the ‘mistaken identity’ in appointment.
The administration of the school education is ‘disregarding’ even the court orders with regard to the compensation to the aggrieved.
As per the report submitted by the Joint Director Doda Education Department (Copy in possession of The Typewriter), District Recruitment Board Doda advertised the posts of teacher vide endorsement No. 4054-4153 dated 09-07-1985 and consequently along with other applicants, Abdul Rashid Ganni and Abdul Rashid Katoch also applied for the post.
The interview was conducted on 11-12-1985 and order was issued vide No. 19180-81 dated 20-03-1987 by the then District Education Officer Doda (BA Khateeb) in favour of Abdul Rashid son of Abdul Qayoom a resident of Pogal in Primary school Uglian, Block Ukral.
The said order had no mention of the Caste “Gani”. The same order at one place mentioned Abdul Rashid Gani, both photocopy orders had the same number and date. The order however, mentions Abdul Rashid TDC.
From the record available in ZEO office Ukral, it was ascertained that Abdul Rashid Gani was Matriculate (10th) pass at the time of interview, whereas Abdul Rashid Katoch was TDC (12th). Again, the State Subject of Abdul Rashid Gani was issued in March 1986, whereas the State Subject of Abdul Rashid Katoch was issued in February 1985. The residence shown in 1st case was Pogal (Maligam) and that of in 2nd case, Pogal only.
The said list showed 65 Banihal-Abdul Rashid Gani R/o P/O Ramsu BPO Khewsihal Pogal village Thanna (Maligam) Banihal and qualification as TDC (12th).
Abdul Rashid Katoch claimed that he was selected as teacher as per the order of the then DEO, Doda Vide No. 19180-81 dated 20-03-1987, because he was TDC at the time of interview and same qualification was reflected in the order as well as in the select list. So, he got the order first and submitted his joining in DEO office Ukhral (new ZEO) on 26-03-1987. He attended the office till 16-04-1987. It was then DEO Ukhral, who refused to mark his attendance on the directions of DEO Doda that the selected teacher was Abdul Rashid Gani and not Abdul Rashid Katoch.
At the same time, Abdul Rashid Gani (Retd Tr) produced the order copy with the same number and date i.e 19180-81 dated 20-03-1987 and joined his duties on 01-04-1987.
Aggrieved with the department, Abdul Rashid Katoch filed a writ petition in the High Court of J&K Jammu under SWP No. 325/1987, titled Abdul Rashid Vs state and others claiming his selection as teacher on the basis of the order No. 19180 -81 dated 20-03-1987, wherein Abdul Rashid TDC S/o Sh Abdul Qayoom R/o Pogal was written.
The SWP No. 325/1987 was disposed of on 31-07-1998 with the directions to hear the petitioner and thereafter pass an appropriate order.
CEO Doda vide his letter No. CEO/DO/Legal/211518-21 dated 06-03-2000 appointed Principal HSS Banihal as enquiry officer to ascertain the facts in connection with the SWP No. 325/1987 and court directions there. The Principal submitted his report to CEO Doda vide No. HSSB/19/2000 dated 01-04-2000.
On the basis of the record, CEO Doda passed an order Vide No. 01 of 2000 dated 15-07-2000 in favour of Abdul Rashid Gani s/o Sh Abdul Qayoom Gani R/o Thanna (Maligam).
The order of CEO Doda was again challenged by Abdul Rashid Katoch in the Court of Sub Judge (CJM) Jammu and filed a civil suit for declaration on 11-08-2000, which was disposed of on 02-02-2010 by passing decree/Judgement with full benefits to the petitioner w.e.f 26-03-1987.
The School Education Department filed an appeal against the decree/Judgement of court order dated 04-02-2019, but it was dismissed by the Court on 30-11-2017 on grounds that it has been delayed by the department.
In the meantime, Abdul Rashid Gani working as a teacher retired from the active service in 2016.
However, a retired official of the education department revealed that the observations made by the enquiry officer indicate that a full-fledged conspiracy was made to adjust Abdul Rashid Gani instead of Abdul Rashid Katoch. He said that when Abdul Rashid (Rtd Teacher) was matriculate at the time of interview i.e 11-12-1985, why his qualification was mentioned as TDS in select list as well as order issued by the then DEO Doda.
“CEO Doda in his order of 01 of 2000 dated 15-07-2000, referred to the select list of SSRB vide No. SSRB/123/86 dated 03-03-1987 issued by Secretary JKSSRB, but did not make any mention of the report of the Principal HSS Banihal in his order,” said official, adding that it was mentioned in the order that the then DEO Doda who issued the order vide no. 19180-81 dated 20-03-1987 realized his mistake and directed the then DEO Ukral to tell Ab Rashid Katoch that it was Ab Rashid Gani who had been selected as teacher at S .No. 136 of the select list. Why was the mistake, if any, not rectified immediately and a corrigendum issued.
He also questioned how Ab Gani was awarded TDC pass in the selection list, when he was matriculate at the time of interview. He said that to cover their mistake and to deprive the aggrieved teacher of his rights, the administration is not leaving any stone unturned.
“After orders from the High Court, instead of compensating the aggrieved, the department approached the Supreme Court, which also dismissed the special leave petition filed by the State Government,” said the official.
While talking to The Typewriter, Dr Ravi Shankar Sharma, Director of School Education Jammu said that they are looking into the matter.
