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Petition against executive order placing ReTs at par with General Line Teachers
Court stays Promotion, seniority benefits till next hearing
7/8/2014 11:46:54 PM
JAMMU, July 8: In a petition filed by Parshotum Singh & ors against executive order bearing No. 469-Edu of 2014 dated 25-06-2014, which has the effect of placing the Teacher( Community Level Worker) also called as Rehbar-e-Talem Teacher at par with the General Line Teacher appointed under statutory Rules viz "Jammu and Kashmir Education (Subordinate) Service Recruitment , Rules," 1979 , amended in the year 2008" without adopting due procedure required under statutory rules and the same further has the effect of granting the benefit of Seniority w.e.f. prior to regularization as General Line Teacher . The impugned order further confers upon RET Teachers with right of transfer outside their actual village to any place within the District, which in-fact is in violation to earlier Transfer policy issued vide Government Order No.111-Edu of 2011 dated 15-02-2011, which neither been modified nor withdrawn, hence running counter to each other.
Justice Janak Raj Kotwal of J&K High Court Jammu Wing today after hearing Sr. Adv DC Raina with Adv Anuj Dewan Raina appearing for the petitioners whereas AAG Ravinder Sharma appearing for the state issued notice to Chief Secretary J&K, Principal Secretary to Govt Education Dept and Director School Education Jammu returnable within two weeks and Requisite steps for service during the course of the week. AAG Ravinder Sharma waives notice on behalf of all the respondents and seeks short adjournment for filing reply/objections. Upon this State High Court directed Registry to list this petition in the week commencing 28th of July, 2014.
Justice Janak Raj Kotwal after hearing Sr. Adv DC Raina with Adv Anuj Dewan Raina length observed that interesting and important question as regards seniority of regularly appointed teachers vis-à-vis the persons to be benefited under the impugned order No. 469-Edu of 2014 dated 25.06.2014 has been raised by the petitioners and ordered that till next date of hearing, no benefit of seniority and promotions shall accrue under the impugned order. (JNF)
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