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DB stays single bench order over petition of 'General Line Teachers' 2/24/2015 11:19:36 PM Srinagar, Feb 24: A Division Bench of J&K High Court has stayed an order by Single Bench whereby petition filed by General Line Teachers, challenging government order giving five years service benefit to the Rehbar-e-Taleem teachers for their seniority and pension was dismissed. "Subjected to objections, the operation of the impugned order dated 31-12-2014 shall stay. The proviso attached while government order 469-Edu of 2014 dated 25-06-2014 shall also stay," the Division Bench comprising Justice Muzaffar Hussain Attar and Justice Ali Mohammad Magrey said while hearing the petition. Pertinent to mention that on December 31, a single bench of the court had dismissed a petition filed by General Line Teachers, challenging government order giving five years service benefit to the Rehbar-e-Taleem (ReT) teachers for their seniority and pension. "The plea that as an ReT is not member of the Service in terms of Jammu and Kashmir Civil Services (Classification, Control and Appeal), 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 had said, while dismissing the petition filed by the general line teachers. On June 25 last year, government had passed an order: "Provided that the 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 services of Rehbar-e-Taleem teachers shall be transferable after regularization within the district to which they belong. "The court 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," 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.   Share This News with Your Friends on Social Network     Comment on this Story

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