Rehbar-e-Taleem teachers vs General line teachers: HC gives major breather to Rehbar-e-Taleemteachers Allows inclusion of 5 year service; rejects plea of general liners ReT is member of services and benefit is justified: Court In a major relief to Rehbar-e-Taleem(ReT) teachers, the High Court has dismissed a plea of general line teachers wherein they had objected to the inclusion of five-year initial service into post regularization service. On July 19 last year, the state cabinet took a policy decision to give benefit of five-year service rendered by a ReT for the purpose of seniority. According to decision the five- year service before regularization shall count for the purpose of fixing their seniority and counting such service for petitioner and other retirement benefits. Rehbar-e- Taleem teachers shall also be transferable after regularization within the district to which they belong. However the general line teachers moved to the court against the government decision saying the net effect of provision is that a General Line Teacher appointed on recommendation of Jammu and Kashmir Services Selection Board (SSRB) after going through normal selection process, after engagement of a ReT but before his/her regularization would rank junior to ReT, regularized on completion of five years as ReT. General line teachers pleaded that a ReT is not member of the service in terms of Jammu and Kashmir Civil Services on the date benefit is conferred under impugned Government Order and hence cannot have his seniority counted from the day of initial engagement. A single bench of Justice Hasnain Masoodi rejected the stand of GL teachers and said the stand is devoid of substance as the benefit of previous service is only available on regularization. Court said it needs no emphasis that a 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 bench observed that in case if an ReT for one or other reason is not regularized then the benefit under the impugned order would not be available to such an ReT. “It means 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,” bench observed in its judgment. Court further said the Cabinet Decision 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 merit over the General Line Teachers.
Posted on: Sun, 04 Jan 2015 01:47:15 +0000
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