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2026 Supreme(Online)(CAT) 5173
CENTRAL ADMINISTRATIVE TRIBUNAL
Rajinder Singh Dogra, Judicial Member, Ram Mohan Johri, Administrative Member
Mohd. Shakil – Appellant
Versus
Union Territory of J&K – Respondent
OA/308/2020|OA/340/2020|OA/341/2020|OA/339/2020
Important Points
Subject
Service Law - Educational Service / Qualification Verification
Act Referred
Headnote
Facts of the case:
Batch of four original applications by regularized Rehbar-e-Taleem Teachers (graduate qualified per them) working in schools, seeking placement in Teacher Grade-II cadre created with effect from 01.09.2018 in pay level-5, salary from July 2019 with arrears from 01.09.2018 and interest, claiming discrimination as juniors/similarly situated granted benefit while their cases pending without rejection.
Findings of Court:
Applicants failed to discharge burden of proving graduation from recognized university - Respondents justified non-finalization due to doubtful recognition - Liberty granted to pursue remedy if later validated by competent authority.
Issues: Whether applicants established graduation from recognized university for eligibility to Teacher Grade-II; validity of withholding benefit pending verification; parity with selected candidates.
Ratio Decidendi: Eligibility for higher cadre judged by governing rule requiring graduation from recognized university, not past regularization or internal verifications - Doubtful qualifications bar relief - Appellate parity unavailable without equal legal footing. (Paras 8-13)
Result: Original Applications dismissed.
For the Appellants/Petitioners: Ms. Surinder Kour, Sr. Adv. assisted by Ms. Manpreet Kour
For the Respondents: Mr. Sudesh Magotra, ld. A.A.G.
| Table of Content |
|---|
| 1. details of applicants and reliefs sought. (Para 1 , 2) |
| 2. applicants' factual background and claims. (Para 3) |
| 3. respondents' objections and defenses. (Para 4) |
| 4. common issues and parties' contentions. (Para 5 , 6 , 7) |
| 5. central issue: recognized graduation qualification. (Para 8) |
| 6. disputed bhartiya shiksha parishad degrees. (Para 9) |
| 7. invalid eiilm university sikkim degrees. (Para 10) |
| 8. prior regularization doesn't confer rights. (Para 11 , 12) |
| 9. no parity with validly qualified candidates. (Para 13) |
| 10. oas dismissed; future remedies allowed. (Para 14 , 15 , 16) |
ORDER
Per: - Ram Mohan Johri, Administrative Member
1. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs: -
1. OA/308/2020
a) “To issue directions to the respondents to place/appoint the petitioner in the cadre of Teacher Grade II created in pursuance of Government Order No. 20-Edu of 2019 dated 22-01-2019 Issued on the basis of State Administrative Council Decision No. 166/22/2018 dated 07-12-2018 in the pay scale of 5200-20200 Grade Pay 2800 (pre-revised up to 31-08-2018) and revised under Seventh Pay Commission to Rs. 29,200-92,300 (level-5j w.e.f. 01-09-2018 in School Education Department and to give the effect of placement/appointment w.e.f. the date the petitioner has been regularized as General Line Teacher/Regularized Rehbar-e-Taleem Teacher (RRET), by issuance of writ of Mandamus;
b) To issue directions to the respondents to release the salary in favour of petitioner w.e.f. July 2019 in the pay level-5 (Rs. 29,200-92,300) and to release the arrears w.e.f. 01-09- 2018 and to pay interest for wrongfully withholding the salary of the petitioner, by issuance of writ of Mandamus;
c) To issue directions to the respondents to implement the provisions of Government Order No. 20-Edu of 2019 dated 22-01-2019 by which the cadre of Teacher Grade II in the pay level-5 (Rs. 29,200-92,300) w.e.f. 01-09-2018 in School Education Department is created and to give similar treatment to the petitioner as is given to the similarly situated persons who were regularized as General Line Teacher/Regularized Rehbar-e-Taleem Teachers alongwith the petitioner and who are regularized after the petitioner and similarly situated Abdhul Rehman Regularized Rehbar- e-Taleem Teacher (RRET) who was appointed/placed to the post/cadre of Teacher Grade II vide government order no. 02 of 2019 dated 03-06-2019 and to give the effect of Teacher Grade II to the petitioner w.e.f. the date the other similarly situated persons and junior to the petitioner have been placed in the cadre of Teacher Grade II Vide Order No. DSEJ/RET/10192-95 dated 05-05-2020, by issuance of writ of Mandamus;
2. OA/340/2020
a. To issue directions to the respondents to place/appoint the petitioner in the cadre of Teacher Grade II created in pursuance of Government Order No. 20-Edu of 2019 dated 22-01-2019 issued on the basis of State Administrative Council Decision No. 166/22/2018 dated 07-12-2018 in the pay scale of 5200-20200 Grade Pay 2800 (pre-revised up to 31-08-2018) and revised under Seventh Pay Commission to Rs. 29,200-92,300 (level-5) w.e.f. 01-09-2018 in School Education Department and to give the effect of placement/appointment w.e.f. the date the petitioner has been regularized General Line Teacher/Regularized Rehbar-e-Taleem Teacher (RReT), by issuance of writ of Mandamus;
b. To issue directions to the respondents to release the salary in favour of petitioner w.e.f. July 2019 in the pay level-5 (Rs. 29,200-92,300) and to release the arrears w.e.f. 01-09- 2018 and to pay interest for wrongfully withholding the salary of the petitioner, by issuance of writ of Mandamus;
c. To issue directions to the respondents to implement the provisions of Government Order No. 20-Edu of 2019 dated 22-01-2019 by which the cadre of Teacher Grade II in the pay level-5 (Rs. 29,200-92,300) w.e.f. 01-09-2018 in School Education Department
