HC stays seniority benefit to ReTs General line teachers challenge Govt order Teachers battle it out in court Srinagar, July 4: Jammu and Kashmir High Court has put in abeyance the fixation of seniority of Rehbar-e-Taleem (ReT) teachers whose five-year service before regularization was to be counted in seniority by virtue of government order following a recent Cabinet decision. The court also stayed the seniority fixation (if not already fixed) of the general line teachers who have approached it against the government order on ReT teachers. “Question of fixing seniority vis-à-vis petitioners as well as teachers whose services will be regularized in terms of government order 469-Edu of 2014 dated 25-6-2014 shall remain in abeyance, if not already fixed,” reads an order passed by Justice Muhammad Yaqoob Mir. Meanwhile, the government has been asked to file reply within two weeks to the petition seeking to set aside the order by Education department taking into account five-year service rendered by ReT teachers before regularization for fixing their seniority. Counsel for petitioners, Javed Iqbal, pleaded that the proviso added to the government order (No. 396-Edu of 2000 dated 28-04-2000), providing that the five-year service by ReT teachers before their regularization shall count in fixing their seniority, offends the right of the petitioners and runs contrary to the applicable service rules. He argued that perusal of original regularization clause in ReT scheme manifestly suggests that ReTs would become eligible for appointment as general line teacher on satisfactory completion of five years. “Therefore, his appointment to the service class or category would be date of his first appointment as general line teacher i-e, first substantive/payment appointment. Extending the benefits of the five years service to ReT on becoming substantive appointee is therefore illegal and as such the impugned order is liable to be set aside,” he pleaded.
Posted on: Sat, 05 Jul 2014 06:57:59 +0000
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