Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Online)(CAT) 16793

CENTRAL ADMINISTRATIVE TRIBUNAL
Sanjeev Gupta, J, Pragya Sahay Saksena, AM
Jyoti Gupta – Appellant
Versus
UT of J&K – Respondent
Original Application No. 61/161/2023 & Other connected matters

Advocates:
For the Appellants/Petitioners: Ms. Veenu Gupta, Mr. F A Natnoo, Mr. M R Qureshi, Mr. Ankur Sharma, Mr. Vivek Sharma, Mr. Amandeep, Mr. A A Khan, Mr. Sandeep Singh, Mr. Z A Mughal, Mr. F S Butt, Mr. Ajaz Choudhary, Mr. Abhimanyu Sharma, Mr. S R Bhat, Mr. Arshad Majid Malik, Mr. Sumit Moza, Mr. Anil Khajuria, Mr. Bhat Fayaz Ahmad, Mr. Dheeraj Singh Katoch, Mr. Syed Nadeem Hamdani, Mr. Rakesh Sharma, Mr. Ravi Abrol, Mr. Ashok Sharma, Mr. Navyug Sethi, Mr. Pawan K Kundal, Mr. Danish Butt, Mr. Sudershan Sharma, Mr. Anuj Dewan Raina, Mr. Ajit Verma, Mr. M I Sherkhan, Ms. Shivani Jalali, Mr. Vivek Sharma, Mr. Q T Nazir, Mr. Gagan Kohli, Mr. Abrar Ahmad Khan, Mr. Rizwan R Wani, Mr. Nikhil Sharma, Mr. G S Thakur, Mr. Vikas Pankaj Sharma, Mr. Sudesh Sharma, Mr. Amit Khajuria, Mr. Ayushman Kotwal, Mr. Rohit Kohli, Mr. Gaurav Arora, Mr. F A Mir, Mr. S H Rather, Mr. S S Chandel, Mr. J S Jasrotia, Mr. T M Khan, Mr. M A Bhat, Mr. Sarfaraz Shah, Mr. Aftab Malik, Mr. R D S Bandral, Mr. Adeep Singh, Mr. Rohit Kotwal, Mr. A D Raina, Mr. Ajay Singh Kotwal. Mr. N D Qazi, Mr. Rajnesh Singh Parihar, Mr. Ashish Choudhary
For the Respondents: Mr. Sudesh Magotra, A.A.G

Classification based on recruitment method for teachers is arbitrary and violates equality principles under the Constitution.

Headnote:(A) Administrative Tribunals Act, 1985 - Transfer of Teachers - Challenges to Government orders - Quashed orders regarding transfer restrictions for regularized ReT teachers - Classification of teachers based on recruitment method deemed arbitrary, violating Articles 14 and 16 of the Constitution. (Paras 1, 33, 34).

(B) Equality before Law - Scrutiny of classifications under Articles 14 and 16 - Established rights of regularized teachers must be recognized and cannot be curtailed by executive action. (Paras 20, 31).

Facts of the case:
The applicant challenged orders regarding transfer conditions based on service method despite being regularized as General Line Teachers after five years of service, arguing for equal treatment under law.

Findings of Court:
Classification based on recruitment method invalid, requiring equal treatment of all teachers irrespective of initial appointment method.

Issues: The main issues addressed included whether the classification of regularized ReT teachers as a separate class was permissible under law.

Ratio Decidendi: The court found that after regularization, teachers must be treated uniformly regarding transfers, regardless of their prior service conditions.

Result: The impugned orders were quashed, and applicants should be treated equally with General Line Teachers.

Table of Content
1. challenge on teacher transfer policies (Para 4 , 8)
2. classification based on recruitment needs scrutiny (Para 21 , 22)
3. impugned orders treated as arbitrary (Para 29 , 31)

ORDER

Per:- Sanjeev Gupta, Judicial Member

The factual matrix and the controversy raised in all the above captioned Original Applications (in short OAs) and Transferred Applications (in short TAs) is identical and all the OAs/TAs are being disposed of by a common order.

2. The Original Application No. 161 of 2023 titled Jyoti Gupta Vs UT of J&K and others is treated as lead case.

3. The applicant in the instant petition filed under Section 19 of the Administrative Tribunals Act, 1985 has sought the following reliefs:-

“a. Impugned clause 3(a) of Government order No. 20-Edu of 2019 dated 22.01.2019 issued by respondent no. 1 may kindly be quashed being totally illegal and ultra-virus to the Constitution of India, J&K School Education (Subordinate) Service Recruitment Rules, 2008 and J&K Civil Service (Classification, Control and Appeal) Rules, 1956.

b. Impugned communication No. Edu-RET/1/2022-01 (CC NO. 114045) dated 25.07.2022 issued by respondent no. 1 may kindly be quashed being totally illegal and ultra- virus to the Constitution of India, J&K School Education (Subordinate) Service Recruitment Rules, 2008 and J&K Civil Service (Classification, Control and Appeal) Rules, 1956.

c. Impugned copy of impugned Relieving Order No. ZEOM: 408 dated 02.08.2022 whereby the applicant has been relieved by respondent no. 4 may kindly be quashed/set aside.

d. The respondents be directed to treat the applicant at par with other General Line teachers for all purposes including for her transfer within her District and cadre in furtherance of the spirit of Article 14 of the Constitution, J&K School Education (Subordinate) Service Recruitment Rules, 2008 and J&K Civil Service (Classification, Control and Appeal) Rules, 1956.

e. Any other relief, which this Hon’ble Court in the facts and circumstances of the case may also kindly be passed in favour of the applicant.”

4. The applicant has challenged Clause 3 (a) of the Government Order No. 20-Edu of 2019 dated 22.01.2019 and communication No. Edu-RET/1/2022-01 (CC No. 114045) dated 25.07.2022 herein after called as impugned orders, inter alia, on the grounds that they have been issued without application of mind against the established procedure of law. It is stated that Respondent No. 1 being aware of the judgements already passed by Hon’ble High Court of Jammu & Kashmir on the same issue, has reiterated the illegality by inserting impugned clause 3(a) in the Government Order dated 22.01.2019 whereby the service conditions of the Teachers Grade-II shall be the same as prescribed for the General Line Teachers with the exceptions that they shall not be transferrable except on the mutual transfer basis to the post of other Teacher Grade-II/RReTs/ReTs in exceptional circumstances, besides by issuing impugned communication dated 25.07.2022 directing repatriation of (Grade-II/III/ReTs/3rd) Teachers to their original place of posting. The impugned Government Orders have been assailed being not only illegal but also ultra virus of the J&K School Education(Subordinate) Service Recruitment Rules, 2008 and Constitution of India.

5. As per facts of the case, the Government of Jammu & Kashmir in the Education Department vide Order No. 396-Edu. of 2000 dated 28.04.2000 accorded sanction for launching of the Scheme of Rehbar- E-Taleem (in short ReT) by providing eligibility and procedure for selection and appointment of Teachers in the primary and middle schools within the area of their location to ensure that no deficiency is left in the schools due to non availability of Teachers. The scheme provided that the Teachers were to be appointed in the Schools where they are engaged and after completion of 5 years, they are to be regularized as General Line Teachers.

6. It is averred in the O.A. that the applicant was initially appoi

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2024 Supreme(Online)(CAT) 16793

CENTRAL ADMINISTRATIVE TRIBUNALSanjeev Gupta, J, Pragya Sahay Saksena, AMJyoti Gupta – AppellantVersusUT of J&K – RespondentOriginal Application No. 61/161/2023 & Other connected matters

Classification based on recruitment method for teachers is arbitrary and violates equality principles under the Constitution.

CENTRAL ADMINISTRATIVE TRIBUNAL
Sanjeev Gupta, J, Pragya Sahay Saksena, AM
Jyoti Gupta – Appellant
Versus
UT of J&K – Respondent
Original Application No. 61/161/2023 & Other connected matters