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| HC issues notice to Govt on 25 June ReT order | | Puts in abeyance fixing seniority list | | S Sabaqat
Srinagar, July 4: Jammu and Kashmir High Court has issued notice returnable with two weeks to government on a petition filed by general line teachers, challenging an order by state Education Department, providing that five years service rendered by Rehbar-e-Taleem teachers before regularization shall count for the purpose of fixing their seniority.
Besides notice, a single bench of the court comprising Justice Mohammad Yaqoob Mir also ordered that fixing seniority vis-à-vis petitioners as well as teachers whose services will be regularized in terms of government order shall remain in abeyance if not already fixed.
The proviso has been added vide order N0. 469-Edu, dated 25-6-2014, to the Government Order (No. 396-Edu of 2000 dated 28-04-2000).
Counsel for general line teachers said that the proviso offends the right of the petitioners and runs contrary to the applicable service rules.
He said that perusal of original regularization clause in ReT scheme would manifestly suggestion that ReT would become eligible for appointment as general line teacher on satisfactory completion of five years, meaning thereby that ReT becomes member of service under rules of 1979 as general line teacher as is indicated in Rule.
"Therefore his appointment to the service class or category would be date of his first appointment as general line teacher that is first substantive/payment appointment," he said.
Extending the benefits of the five years service to ReT on becoming substantive appointee, he submitted, is therefore illegal and as such the impugned order is liable to be set aside.
Senior Additional Advocate General J A Kawoosa accepted the notice on behalf of Principal Secretary GAD while AAG S A Naik accepted notice for Commissioner Secretary Education and Director School Education. |
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