Qayoom Wani Transfer: HC stays govt order as Wani cries vendetta

SRINAGAR: The Jammu and Kashmir High Court has directed the government not to act upon its order regarding trade union leader Qayoom Wani, whose attachment with project director Sarva Shiksha Abhiyan (SSA) since July 2014 was cancelled on Tuesday.
Wani, who is the president of Employees Joints Action Committee (EJAC) and School Education Employee Coordination Committee, and chairman of J&K Teachers Forum, has been transferred to Tangmarg, his hometown.
The single bench of Justice Dhiraj Singh Thakur also issued notice to commissioner secretary school education department, director school education Kashmir and project director SSA and directed them to file objections to Wani’s petition within a week.
“In the meantime, operation of the impugned order to the extent of the petitioner (Wani) shall not be acted upon,” the court added.
In his petition, Wani has pleaded that the present director School Education has personal vendetta against trade union leaders including him.
Interestingly, Wani has impleaded the director personally, mentioning his name Faisal Rasool Shah alias Dr Shah Faisal of Sogam Kupwara at serial number 4 in the list of respondents.
“Being the president and chairman of the unions, (I am) always required to deal with the problems so faced by the employees before the authorities and in his capacity (Director, School Education Department, Kashmir), having some personal grudge started to victimize union members by transferring them unnecessarily and without following the procedure,” Wani said.
While other union leaders knocked on the court’s door, Wani said that he had approached commissioner secretary Education regarding what he termed ‘illegal acts’ of the director.
“Instead of taking recourse of representation and the allegations levelled against the (director), the commissioner secretary issued the order where under (I have) been again victimized in person under the garb of review of attachment which is actually aimed to transfer (me) alone,” he said.
Wani challenged the February 2 government order (No. 26-Edu of 2016) on a number of grounds so far as it concerns him, claiming that it has been issued completely on the basis of malafides.
“The (director) is deadly against (my) union and has persuaded the (commissioner secretary) also for issuing the order for victimizing (me) in particular,” he said and urged the court to quash the February 2 order.
To corroborate claims of ‘malafides’, Wani had referred to media reports quoting Dr Faisal as saying that he will not tolerate unionism.
“There are unions throughout India of different association who are projecting their causes for onwards consideration and disposal and it is a clamouring example and highhandedness of (director) that he has shown his intentions that he is not going to tolerate the unionism in his department, as the unions have to close their offices and the authorities are left at random to victimize the employees,” he said, terming it unlawful as well as unconstitutional.
“Assuming for the sake of arguments that the (government) has now taken a decisions for review of attachment/deployment in the education Department as per the impugned order, even then one fails to understand as to why only seven person have been transferred/ deployed back to their parent Departments without taking into consideration the hundreds of employees working in these offices who have been deployed,” he added. Advocate M M Dar represented Wani before the court.

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