CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 2770/2020 Reserved on: - 07.10.2025 Pronounced on: - 17.02.2026 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

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

Fareed Ahmed; aged: 38 years S/o Sh. Shabir Ahmed R/o Kalaban Tehsil Mendhar District Poonch …Applicant (Advocate: - Mr. Rahul Pant, Sr. Adv)

Versus

1. State of Jammu and Kashmir through Commissioner/Secretary to Government School Education Department Jammu and Kashmir Government Civil Secretariat, Jammu/Srinagar

2. Director School Education Muthi, Jammu

3. Chief Education Officer Poonch

4. Zonal Education Officer Mendhar District Poonch …Respondents (Advocate:- Mr. Sudesh Magotra, Id. AAG)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.4124/2019 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.2770/2020 by the Registry of this Tribunal.

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

i) Writ, order or direction in the nature of Writ of Certiorari quashing the Government Order No:132-Edu. of 2019 dated 12.03.2019 whereby the representation of the petitioner to treat the intervening period from 29.01.2008 till re-engagement of the petitioner as a Rehbar-e-Taleem vide order dated

08.03.2018 as duty, has been rejected;

ii) Writ, order or direction in the nature of Mandamus commanding the respondents to treat the period w.e.f. 29.01.2018 till 08.03.2018 as duty;Writ, order or direction in the nature of Writ of Mandamus commanding the respondents to consider the four years of service rendered by the petitioner as a Rehbar-e-Taleem prior to his disengagement w.e.f. 19.01.2008 for the purpose of regularization of the petitioner as a General Line Teacher in the School Education Department in accordance with the Rehbar-eTaleem Scheme;

iii) Any other writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, may also be granted in favour of the petitioner and against the respondents along with cost.

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.

4124/2019, which was originally filed before the Hon’ble High Court of Jammu & Kashmir at Jammu and, upon establishment of jurisdiction of this Tribunal, stood transferred and was registered as T.A. No. 2770/2020.

b) The applicant, Fareed Ahmed, was engaged as a Rehbar-e-

Taleem (ReT) under Government Order No. 396-Edu of 2000 dated 28.04.2000, pursuant to Order No. ZEOS/588-90 dated 17.02.2004 issued by the Zonal Education Officer, Mendhar. His engagement was against a General Category post in Primary School Natroat, Kalaban, District Poonch.

c) Under the Rehbar-e-Taleem Scheme, an incumbent was entitled to regularization as a General Line Teacher upon completion of five years of satisfactory service. The applicant served for approximately four years. However, on 29.01.2008, an FIR came to be registered against him at Police Station Mendhar under Sections 294 and 354 RPC. Consequent thereto, the Zonal Education Officer disengaged him from service vide Order No. ZEO/Mdr/545-47 dated 29.01.2008, without conducting any departmental enquiry or affording him an opportunity of hearing.

d) The applicant contends that the criminal proceedings arose out of a personal dispute between his family and that of the complainant regarding management of a religious shrine. After facing trial before the Court of Judicial Magistrate 1st Class, Mendhar, he was acquitted of all charges vide judgment dated

25.03.2017.

e) Following acquittal, the applicant submitted representations seeking reinstatement. The Zonal Education Officer, Mendhar, submitted a favorable report dated 20.05.2017 recommending consideration of his case. Eventually, pursuant to Communication No. DSEJ/Legal/13022 dated 02.03.2018 issued b