Jammu & Kashmir High Court
Sain Khan & Anr. vs State & Ors. on 14 March, 2018
Author: Ramalingam Sudhakar
Bench: Ramalingam Sudhakar
S. No.24
Regular list
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
SWP No.211/2007
Date of order:14.03.2018
Sain Khan & anr. Vs. State & ors.
Coram:
Hon'ble Mr. Justice Ramalingam Sudhakar, Judge
Appearing counsel:
For Petitioner (s) : Mr. T. M. Khan, Advocate.
For respondent (s) : Mr. Ravinder Gupta, AAG.
i) Whether to be reported in
Digest/Journal : Yes/No.
ii) Whether approved for reporting
in Press/Media : Yes/No.
ORAL
1. 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.
2. Through the instant writ petition, the petitioners seek a writ of mandamus commanding the respondents to appoint the petitioner as Class-IV employee in the Education Department in lieu of land given by him for construction of school building in village Gulhota, Tehsil Mendhar and/or alternatively commanding the respondents to remove the structure/building forthwith with a further direction to the respondent to pay compensation for use and occupation of proprietary land of the petitioner with effect from 02.04.1997 till date.
3. Learned counsel for the petitioners states that petitioner No.1 is the father and petitioner No.2 is the son. Petitioner No.1 is owner of land under Survey No.2145- min measuring 03 Kanals situated at village Kangra Gulhota, Tehsil Mendhar District Poonch. The respondents/Education Department approached petitioner No.1, father of petitioner No.2, through respondent Nos.4 & 5 and asked him to donate/surrender SWP No.211/2007 Page 1 of 3 S. No.24 Regular list three Kanals of his proprietary land in favour of Education Department for the purpose of construction of School building with an undertaking and promise to provide employment as Class-IV to one of the members of the petitioners' family in lieu of three Kanals of proprietary land donated by him to the Education department for the construction of school building.
4. Learned counsel further states that Annexure-A is Urdu document. The same was read over by Mr. P. N. Raina, learned senior counsel, who, according endorsement, states that Sain Khan is the proprietary owner of three Kanals of land in Survey No.2145-min and now in possession of the School Education Department. On the basis of this document, the petitioners pleads that they have submitted an application to the Director, School Education Department to provide employment to petitioner No.2 which has not been considered so far.
5. Learned counsel for the petitioners relies upon order dated 01.05.2004 passed in case titled Krishan Lal & anr. vs. State & ors. (SWP No.1548/2000) as also the decision of Hon'ble Division Bench of this Court rendered on 31.05.2000 in LPA(OW) No.174/1998 in case titled Abdul Rashid Vs. State & ors. wherein it has been provided that in terms of SRO, the claim of those petitioners should be considered.
6. Learned counsel for the petitioners pleads that petitioner No.2 is also entitled to grant of employment as per the applicable SRO of the Government for occupying the proprietary land of the petitioners w.e.f. 02.04.1977. Petitioners alternative prayer is that if for any reason, the Government or the department is not willing to grant SWP No.211/2007 Page 2 of 3 S. No.24 Regular list employment, then suitable compensation should be given to the petitioners for use and occupation of the proprietary land from the date of taking over of the property.
7. Mr. Ravinder Gupta, learned AAG states that there may be some difficulty for giving employment but certainly the Competent Authority namely Commissioner/Secretary to Govt., Education Department, will take a decision on the basis of recommendation of the Director, School Education, Jammu and therefore, the petitioners should be asked to submit a representation including all the details alongwith copy of this order seeking both reliefs i.e., employment or compensation as they chose to.
8. In this view of the matter, the petitioners are permitted to submit a detailed representation to the Director, School Education, Jammu through the Chief Education Officer, Poonch and the same shall be forwarded to the Commissioner/Secretary to Govt., Education Department by the Director, School Education, Jammu with his comments and recommendation on the issue so as to enable respondent No.2, namely, Commissioner/Secretary to take a decision in this regard on its own merits expeditiously, preferably within a period of eight to twelve weeks from the date of submitting the proposal by the Chief Education Officer, Poonch.
9. Writ petition alongwith connected MPs stands disposed of, as above.
(Ramalingam Sudhakar) Judge Jammu 14.03.2018 (Ram Murti) SWP No.211/2007 Page 3 of 3