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:: 1 :: TA 196/2025

CENTRAL ADMINISTRATIVE TRIBUNAL

JAMMU BENCH, JAMMU

(RESERVED)

Hearing through video conferencing

Transfer Application No. 196/2025

Reserved on: - 05.08.2025

Pronounced on: - 23.12.2025

HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Parvaiz Ahmed Age 34yrs S/o Sh. Sharief Hussain R/o Village

Galhutta Tehsil Mendhar District Poonch.

…Applicant

(Advocate: - Mr. Haroon Rashid Qureshi)

Versus

1. State of Jammu & Kashmir Through ommissioner/Secretary to

Government Department of Education Civil Secretariat, Jammu.

Director School Education, Muthi Jammu.

3.Chief Education Officer, Poonch, District Poonch.

…Respondents

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

HARSHIT

Digitally signed by

YADAV HARSHIT YADAV

:: 2 :: TA 196/2025

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.2498/2016 was transferred from the Hon’ble High Court

of Jammu & Kashmir at Jammu and was registered as T.A

No.196/2025 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court seeking

following relief: -

“1. Writ of certiorari so as to set-aside and quash order No.

DSEJ/Legal/10769-72 dated 26.05.2016.

2. Writ of Mandamus commanding and directing the

respondents to grant the retrospective effect of engagement as

RET teacher in favour of the petitioner w.e.f April 2010

notionally in the interest of justice.

Any other writ Order or direction which this Hon'ble Court

deems fit and appropriate in the peculiar facts and

circumstances of the case may also be issued in favour of the

petitioner in the interest of justice.

3. The facts of the case as pleaded by the petitioner in his pleadings are

as follows: -

a) The present Transfer Application arises out of SWP No.

2498/2016, which was originally filed before the Hon’ble High

HARSHIT

Digitally signed by

YADAV HARSHIT YADAV

:: 3 :: TA 196/2025

Court of Jammu & Kashmir and, upon transfer, has been

registered as T.A. No. 196/2025 before this Tribunal

b) The applicant claims that he was fully eligible and qualified for

engagement as a Rehbar-e-Taleem (RET) Teacher as early as

the year 2010, possessing the requisite qualifications of M.A.

and B.Ed. It is asserted that during the relevant period, six posts

of RET teachers were available in Education Zone Harni,

District Poonch. According to the applicant, these posts were

required to be filled strictly in accordance with the RET

Scheme notified vide Government Order No. 396-Edu of 2000

dated 28.04.2000.

c) It is the specific case of the applicant that despite availability of

vacancies, the respondent authorities did not initiate any

selection process in Education Zone Harni. Instead, by invoking

a so-called policy of “rationalization”, surplus RETs/Education

Volunteers from Education Zone Mendhar were adjusted

against the said vacancies. The applicant contends that such

adjustment was contrary to the RET Scheme, which envisages

zone-wise engagement, and thereby deprived eligible

HARSHIT

Digitally signed by

YADAV HARSHIT YADAV

:: 4 :: TA 196/2025

candidates of Zone Harni, including the applicant, of their

legitimate right to consideration.

d) The applicant further pleads that an RTI application revealed

that between March 2010 and September 2013, as many as 40

RET engagements were made in Education Zone Mendhar.

According to the applicant, this demonstrated that there was no

justification for adjusting surplus candidates from Mendhar into

Harni when sufficient vacancies existed within Mendhar itself.

The applicant alleges that such action violated Articles 14 and

16 of the Constitution of India and resulted in arbitrary

discrimination against local eligible candidates.

e) Aggrieved, the applicant along with similarly situated

candidates initially approached the Hon’ble High Court by

filing SWP No. 1144/2010. Although the respondents were put

to notice, no effective relief was granted, and the petition was

eventually withdrawn with liberty to file a fresh petition.

Subsequently, the applicant filed SWP No. 785/201