Excelsior Correspondent
Srinagar, July 15: The Central Administrative Tribunal (CAT) directed the Education Department to consider the case of the General Line Teachers for in-situ promotion under the rules and regulations if they are eligible for the same within a three months period.
Hearing the plea of 487 teachers, the bench of Anand Mathur and Rakesh Sagar Jain decided the matter finally with the direction to the Commissioner Secretary to the Education Department to consider their claim for in-situ promotion. “While considering the case of these teachers, the authorities would also consider the contents and averments made in the plea”, CAT bench added.
The applicants were engaged as ReTs initially under the schemes known as ReT scheme by the then State Government with the purpose to provide education to the local children by keeping available local teachers in the year 2000.
For running these schemes 840 new primary schools were established and 1618 posts of teachers were created. It is in pursuance of the order in June 2005 the applicants have been transferred and adjusted against available normal vacancy of teacher at different schools and also brought on regular establishment as General Line teachers after completion of five years as per the scheme.
For streamlining the salary and related issues of regularization of these teachers in Grade II under SSA, the Government in 2019 passed an order and started the process of streamlining the salary and bringing the applicants under the purview of the said order which became the concern of the applicants.
They approached the concerned authorities with the representation for not giving the effect of the order of 2019 to them as they are General Line Teachers. The Director School Education Kashmir (DSEK) issued a communication in July 2020 withholding the in-situ promotion of the applicants and the applicants immediately approached the Commissioner Secretary of Education Department that since they stand regularized 12 years before and are functioning as General Line Teachers as such are entitled to in-situ promotion under SRO 14.
Despite the fact, the DSEK is processing the case for transaction and conversion of all RRTs including the applicants to teacher grade II or III, the applicants submitted before the CAT bench that the said exercise undertaken by the DSEK is not permissible and in this regard Commissioner Secretary has addressed three communications to DSEK directing him to furnish factual report in the matter before him at an earliest but no reply by the DSEK till date.
Bench has been apprised that the DSEK has no powers to deprive 637 teachers including the applicants from seeking in-situ promotion to which they are entitled under SRO 14 issued by the Government.
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