Age for ReT regularization reckoned at ReT appointment; long service waives objection; discriminatory denial violates Art.14.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1.The SWP No.980/2018 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.1583/2020 by the Registry of this Tribunal.

The present matter was filed before the Hon’ble High Court seeking following relief: -

a) “Writ, Order or Direction in the nature of Certiorari quashing the impugned order dated 03.08.2023 (Annexure-I);

b) Writ of Mandamus directing and commanding the respondents to treat the petitioner as regularized General Line Teacher on the completion of five years as Rehbar-e- Taleem from 13.03.2010 notionally and grant all consequential benefits of pay, allowances etc. The petitioner be further held entitled to grant of pension as well. All these reliefs be granted along with suitable interest from the time it became due.

c) Any other suitable writ, order or direction as this Hon'ble Court deems appropriate under the facts and circumstances of the case be passed in favour of the petitioner and against the respondents;

d) Petitioner be also awarded costs of the proceedings throughout.

3. The facts of the case as pleaded by the petitioners in their pleadings are as follows: -

1. The petitioner is aggrieved of order of rejection passed by respondent No. 2 being No. DSEJ/Legal/23460-63 dated 03.08.2023 where under his’ case _ for regularization as General Line Teacher was rejected.

This petition is being filed pursuant to liberty granted by this Hon'ble Court in Contempt Petition CCP(S) No. 30 of 2013 vide its order dated 09.08.2023. That the petitioner is a citizen of India and a resident of Union Territory of Jammu and Kashmir. The petitioner is entitled to all the fundamental rights granted under Part-III of the Constitution.

2. The petitioner came to be engaged temporarily as Part Time Instructor in terms of order dated 01.04.1988 on submitting of resignation by the incumbent instructor, for P.T. Centre Dhoki on consolidated pay of Rs.100/ per month. Copy of the order dated 01.04.1988 is enclosed herewith and marked as Annexure-II. The petitioner continued to work as such and subsequently was engaged as EV in terms of communication No. ZEO/T/SSA/86-87 dated 02.08.2004 continued to work till the said centre namely EGSPS Kutana was up graded as primary school and the petitioner, being 10+2 qualified person and already working there, was converted as Rehbar-e-Taleem Teacher initially for a period of two years on monthly honorarium of Rs.1500.00 per month w. e. f August, 2008 regarding which prior approval was granted by CEO Doda vide his no 299908-10 dt17.2.2010 w. e. f 8/2008. For kind perusal of this Hon'ble Court, a copy of communication No. ZEO/T/SSA/1552-55 dated 13.03.2010 is enclosed herewith and marked as Annexure-lll.

3. In terms of Rehbar-e-Taleem Scheme incumbent having worked Rehbar-e-Taleem continuously for five years, was entitled to be regularized as General Line Teacher on completion of satisfactory period of five years. The petitioner having worked diligently and to the satisfaction of the school authority, his case also came to be recommended for regularization as General Line Teacher, which was communicated vide letters dated 05.03.2014, 14.01.2017 and 17.07.2017. While the petitioner along with other similarly placed persons was awaiting his regularization as General Line Teacher, the authorities were completely silent on the issue, which constrained him to approach this Hon'ble Court in terms of WP(C) No. 3991/2019 seeking regularization of his service as General Line Teacher. The said petition in terms of Judgment dated 31.10.2019 came to be disposed of, while directing the respondents to take appr