Excelsior Correspondent
SRINAGAR, Jan 3: Jammu and Kashmir High Court today dismissed a petition filed by general line teachers, challenging Government order regarding the regularization and other service benefits of Rehbar-e-Taleem (ReT).
According to the 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 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,” a single Bench of the High Court comprising Justice Hasnain Masoodi directed, while dismissing the petition filed by the general line teachers.
“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 court said.
Assuming a situation where an ReT for one or other reason is not regularized, the court said, the benefit under the impugned order would not be available to such an ReT.
“The Cabinet decision and the Order impugned in the petition does not give retrospective promotion to the ReTs over the head of those appointed alongside them as General Line Teachers and thus allow them to steal march over the General Line Teachers. It only gives benefit of service rendered by ReTs on their regularization,” the court said.
Petitioners’ had submitted before the court that the provision offends their rights. “In addition thereto it runs contrary to the applicable service rules, extending the benefit of five years as Rehbar-e-Taleem on becoming substantive appointee as General Line Teacher in favour of the ReT’s is per se illegal as such the Order dated 25.6.2014 is liable to be set aside,” the petitioners had pleaded.
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. Let us now assume a situation where an ReT for one or other reason is not regularized. The benefit under the impugned order would not be available to such an ReT. It follows that the impugned Government Order gives benefit to a member of the service, though for service rendered before regularization and not to a person who is not a member of the service. The Cabinet decision and the Order impugned in the petition does not give retrospective promotion to the ReTs over the head of those appointed alongside them as General Line Teachers and thus allow them to steal march over the General Line Teachers. As pointed out more than once it only gives benefit of service rendered by ReTs on their regularization. Reliance on S.K Abdul Rashid & Ors. Vs. State of Jammu and Kashmir & Ors (2008) 1 SCC 722 and other case law relied upon in this regard is misplaced. The facts of the present case are markedly distinguishable from the case law relied upon by the counsel for the petitioners”, the order says.
“For the reasons discussed, Cabinet Decision No. 115/09/2014 and Government Order No. 469-Edu of 2014 dated 25-06-2014 do not call for interference. The writ petition is therefore without any merit and is liable to be dismissed along with connected CMPs”, the order reads.
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