Fayaz Bukhari
Srinagar, Jan 21: The State High Court today stayed recent transfer policy of the Education Department on Regularized Rehbar-e-Taleem Teachers and issued notice to Commissioner Secretary Education Department and Director School Education.
Justice Tashi Rabstan stayed one direction contained in the transfer policy which has excluded the RRTs from the transfer policy.
Regular Rehbar-e-Taleem Teachers (RRTs) through their Chairman, Farooq Ahmad Tantray, and Publicity Secretary Assadullah Wani challenged the Government order (no.622-Edu of 2015 dated 22.12.15) where under all previous orders on the subject of transfer policy of employees of School Education Department has been notified.
According to the petitioners forum, one direction in the order reads that it shall not apply to those Rehbar-e-Taleem teachers (RRTs) despite their services having already been regularized after 8 to 9 years of service as RTs. “It shall not apply to Regular Rehbar-e-Taleem teachers (RRTs) and the policy with regard to them shall be notified separately”, reads the Govern-ment Order.
The petitioner forum while challenging the order stated that the direction contained in the order so far as RRTs are concerned is not only contrary to the Government order (dated 25.06.2014) but is also contrary to the direction passed by the Division Bench (dated 08.06.2015) wherein court has directed that those teachers can be transferred within district.
Petitioners submitted that they were left with no option but to seek indulgence of this court through the medium of instant writ petition for challenging the direction (no. 17) of Govern-ment order.
Giving the reference of the Government order of 2000 (RT Scheme) wherein it was specifically mentioned that on the satisfactory completion of 5 years as ReT on honorarium basis, the candidate shall be eligible for appointment as General line teacher in the Education Depart-ment.
The petition was filed on behalf of regular RTs who have completed their tenure of service satisfactorily and were regularized since last more than 8 to 9 years and are performing their duties as on today as general line teachers.
While challenging the transfer policy, petitioners mentioned the Cabinet decision (No. 115/9/2014 of June 2014) where besides other service benefits to those who have completed 5 years as ReTs, their services shall be transferable after regularization within the district to which they belong.
The petitioners prayed that the Government order (No. 622-Edu of 2015 dated 22.12.2015) deserves to be quashed and set aside to the extent of direction (no. 17) as far as RRTs are concerned only on the ground that it has been passed completely in violation of Government order (No. 469-Edu of 2014 dated 25.06.2014) and also in violation of direction passed by the Division Bench of High Court.
Petitioner forum submitted that the Government order (No. 622-Edu of 2015 dated 22.12.2015) deserves to be quashed and set aside to the extent of direction (no. 17) so far as RRTs are concerned only on the ground that the ReTs after becoming regular RT becomes member of service and benefits available under the rules governing the field of substantive employees are also being pressed into motion so far as regular RRTs are concerned as once the benefit of regularization is given to them they have been brought at par with the general line teachers and after bringing them at par cannot be subjected to discrimination within the clause as said discrimination clearly hits the Articles 14 & 16 of the Constit-ution.
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