JUSTICE is a BANANA here: Benefits to ReT teachers: HC dismisses petition challenging govt order The Jammu and Kashmir High Court has dismissed a petition challenging the government order giving benefit of five years service rendered by ReT teachers. In a petition, the general line teachers had challenged the policy decision of state cabinet of 19th July 2014, and a subsequent government order that 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 bench of Justice HasnaianMassodi ruled while dismissing petition against the cabinet decision. “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 anReT 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 added. “Let us now assume a situation where anReT for one or other reason is not regularized. The benefit under the impugned order would not be available to such anReT. 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 court said. It said that 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. “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 court said.
Posted on: Sun, 04 Jan 2015 02:15:45 +0000
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