CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 88/2024 Reserved on: - 17.04.2025 Pronounced on: - 09.10.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

HON’BLE MR. RAM MOHAN JOHRI, MEMBER (A)

Mohd. Younus, age 26 years, S/o Late Sh. Mohd. Aqil Natnoo, R/o Village Malwana, Tehsil & District Doda.

…Petitioners (By Advocate: - Mr. R.S. Parihar)

VERSUS

1. State of Jammu and Kashmir, Through Commissioner/Secretary to Government, Education Department J&K, Civil Secretariat, Srinagar.

2. Director School Education, Jammu.

3. Chief Education Officer, Gundna, Tehsil & District Doda.

4.Zonal Education Officer, Gundna Tehsil & District Doda..

…Respondents.

(By Advocate: - Mr. Sudesh Magotra, AAG)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP/WP(C) No. 2045/2013 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and was registered as T.A. No. 61/88/2024 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court with following prayer:

a) “Allow this writ petition of the petitioner, b) By issuance of writ in the nature of Mandamus command the respondents to consider the case of the petitioner and consequently grant retrospective effect of the initial engagement of the petitioner as Rehber-E-Taleem Teacher w.e.f. 22.07.2009, i.e. the date on which the other co- panellist/co-selectee in the relevant selection process has been engaged as Rehber-E-Taleem Teacher with a further prayer for grant of all the consequential service benefits in favour of the petitioner by treating the petitioner as having been initially engaged w.e.f. 22.07.2009 consequential. Further for granting all other consequential service benefits in favour of the petitioner on notional basis.

c) Pass such other appropriate orders as facts of the case demand and Hon’ble Court may deem just and proper in favour of the petitioner.”

3. The facts of the case as averred by the petitioner in his pleadings are as follows:

a) The petitioner, a citizen of India and permanent resident of the erstwhile State of Jammu & Kashmir, applied for engagement as a Teacher under the Rehbar-e-Taleem (ReT) Scheme pursuant to Advertisement Notice dated 05.06.2008 issued by the Education Department, Government of Jammu & Kashmir, for filling up the posts of Teachers in School Education Department. The petitioner, being fully eligible, applied for the post of Teacher at Upgraded Primary School Rehnote, Zone Gundna, District Doda. Upon due consideration of eligibility, the name of the petitioner was recommended by the Village Level Committee and figured at Serial No. 4 in the panel prepared for engagement.

b) Along with the petitioner, another candidate namely, Ms.

Nasira Assadullah, daughter of Sh. Mohd. Assadullah, also figured in the same panel at Serial No. 2, and she was similarly situated in all respects with the petitioner. Subsequently, vide order dated 22.07.2009, Ms. Nasira Assadullah was engaged as ReT Teacher at the said school. However, no such order was issued in favour of the petitioner at that point of time despite his name being in the panel.

c) The petitioner’s engagement was delayed as one of the other panel candidates (at Serial No. 3), being underage and ineligible, filed SWP No. 878/2008 titled Shafia Bano v. State of J&K and others before the Hon’ble High Court of J&K, challenging the selection process. During pendency of the writ petition, the petitioner, being fully eligible and next in merit, was allowed to intervene. Eventually, the said writ petition was dismissed vide judgment and order dated 01.03.2011, and the claim of the writ petitioner (Shafia Bano) was rejected. The High Court directed the respondents to proceed further with the selection process.

d) Despite the dismissal of the litigation, the petitioner’s engagement order was not issued immediately. Vide communication dated 27.11.2009, the respondents had themselves acknowledged the entit