* Sets aside Govt order
Excelsior Correspondent
JAMMU, Jan 12: In a historic judgement, the Central Administrative Tribunal (CAT), Srinagar Bench has quashed and set aside Govt Order No. 46-Edu(Tech) of 2019 dated 9-07-2019 and directed the Department of Youth Services and Sports to prepare and finalise the seniority of Physical Education Lecturers strictly as per rules and regulations within a period of three months from the date of receipt of certified copy of this order.
Anand Mathur (Member A) and Justice DS Mahra (Member J) of Central Administrative Tribunal (CAT) Srinagar Branch passed this order after hearing the Counsels in the case filed by Balbir Singh and others versus State of Jammu and Kashmir through the Commissioner/Secretary to the Government, Youth Services and Sports Department.
It is pertinent to mention here that as per the said Govt Order, the Department had accorded ex post facto sanction to the grant of promotion in favour of the Physical Education Teachers/Physical Education Masters for pursuing higher qualification in relaxation of Rule 73 of Jammu and Kashmir Civil Services Leave Rules 1975, recovery of salary amount from PETs and PEMs for that period.
The Counsel for the applicant had submitted that the petitioners were aggrieved of the Order No. 46-EDU (TECH) of 2019 dated 09-07-2019 through which post facto sanction has been accorded to the study leave for the period during which some officers (Physical Education Lecturers) of the Department had proceeded for further studies without any approval.
The Counsel for the applicant had further submitted that vide Government Order No 140-Edu (Tech) of 2006 dated 13-11-2006, 386 posts of Physical Education Lecturers were created and sanction was accorded to the placement of Physical Education Masters and Physical Education Teachers, having Postgraduate qualification in Physical Education, as In-charge Physical Education Lecturers in their own pay and grade with charge allowance as admissible under rules, pending clearance by DPC/PSC vide Government Order No 60-Edu (Tech) of 2008 dated 25-04-2008.
He had further submitted that as per Government Order No 77-Edu (Tech) of 2008 dated 27-06-2008, the Government passed an order regarding adjustment of Physical Education Lecturers and sanction was accorded to the placement of 192 posts of Physical Education Lecturers in the Higher Secondary Schools.
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