Excelsior Correspondent
SRINAGAR, Feb 24: Division Bench of High Court today stayed order of Single Bench, dismissing general line teachers petition challenging Government order regarding the regularization and other service benefits of Rehbar-e-Taleem (ReT).
“Subjected to objections, the operation of the impugned order dated 31-12-2014 shall stay. The proviso attached with Government order 469-Edu of 2014 dated 25-06-2014 shall also stay,” a Division Bench of the High Court comprising Justice Muzaffar Hussain Attar and Justice Ali Mohammad Magrey said.
The Division Bench passed the directions after hearing counsel of general line teachers who have filed separate appeals against the order by the Single Bench.
In their petitions, they have stated that the persons who stand engaged in terms of ReT and SSA constitute different class in law and that the course of appointment is different.
The general line teachers are appointed in accordance with statutory rules by Service Selection Board while persons under ReT scheme are engaged in accordance with the procedure prescribed by Government by issuance of orders.
“It remains to be seen as to whether the (ReTs) can be given the benefit of five years service for seniority and retiring benefits. On consideration, prima facie case is made out,” the Division Bench observed.
According to the Government order, five years service rendered by Rehbar-e-Taleem teachers before regularization shall count for the purpose of fixing their seniority and counting such service, notionally, for pensioner and other retirement benefits, wherever applicable.
The Single Bench had observed that the plea that as an ReT is not member of the service in terms of Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules 1956, Jammu and Kashmir Educational (Subordinate Service Recruitment) Rules, 1979 and Rule 5 of Jammu and Kashmir Civil Services (Decentralization and recruitment to Non-Gazetted Cadres) Rules 1969, on the date benefit is conferred under impugned Government Order, cannot have his seniority counted from the day of initial engagement is equally devoid of substance.
“The benefit of previous service in terms of Government Order No. 469-Edu of 2014 dated 25-06-2014 is only available on regularization. It needs no emphasis that an ReT on regularization becomes member of the service and benefit available under the impugned order becomes available to him only when he becomes member of the service,” the single bench of the court had said.
The court had said that the benefit of previous service in terms of Government Order No. 469-Edu of 2014 dated 25-06-2014 is only available on regularization.
“It needs no emphasis that an ReT on regularization becomes member of the service and benefit available under the impugned order becomes available to him only when he becomes member of the service.”
Trending Now
E-Paper
Follow our WhatsApp channel