In a significant ruling, the Jammu and Kashmir High Court has upheld the government's policy regarding the calculation of service period and seniority for Rehbar-e-Taleem (ReT) teachers. The court dismissed a petition filed by General Line Teachers challenging Government Order No. 469-Edu of 2014, which allowed ReTs to count their five years of service rendered before regularization for the purpose of seniority and pension benefits.
The petitioners, General Line Teachers appointed through the Jammu and Kashmir Service Selection Recruitment Board (SSRB), argued that the government order violated their rights by granting ReTs seniority based on their prior service. They contended that such a provision was inconsistent with the Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956, and other relevant recruitment rules, which did not recognize ReTs as members of the service until their regularization.
However, the High Court, in its judgment, observed that the benefit of counting the five years of service rendered by ReTs before regularization was available only upon their regularization. The court emphasized that once a ReT is regularized, they become a member of the service, and the benefits under the government order become applicable. The court further clarified that if a ReT is not regularized, they would not be entitled to these benefits.
The court also addressed the concern that the government order would allow ReTs to gain seniority over General Line Teachers appointed through the SSRB. It held that the order did not grant retrospective promotion to ReTs over General Line Teachers but merely allowed them to count their prior service for seniority and pension benefits upon regularization. The court noted that this provision aimed to recognize the contributions of ReTs who had served in challenging conditions, often in remote areas, and had played a crucial role in the state's education system.
The ruling has significant implications for the education sector in Jammu and Kashmir. It reinforces the government's policy of regularizing ReTs after five years of satisfactory service and ensures that they are provided with the same benefits as other regular employees. The decision also highlights the judiciary's role in balancing the interests of different groups within the public service while upholding the principles of fairness and justice.
While the court's decision has been welcomed by ReTs and their supporters, it has also raised questions about the treatment of General Line Teachers. Some have expressed concerns that the policy could lead to disparities in seniority and career progression between the two groups. However, the court's judgment indicates that such concerns should be addressed through appropriate administrative measures rather than legal challenges.
In conclusion, the Jammu and Kashmir High Court's ruling upholds the government's policy on the service period calculation and seniority of Rehbar-e-Taleem teachers, affirming their rights to count prior service for benefits upon regularization. The decision underscores the importance of recognizing the contributions of educators in the state's development and ensures that they are treated equitably within the public service framework.
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