Serial No.61 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CCP(S) No.141/2019 Anu Bhogal …..Petitioner(s)

Through: Mr. Abhinav Sharma, Sr. Advocate with Mr. Abhimanyu Sharma, Advocate Vs Anuradha Gupta Director School Education Deptt., & Anr. .…. Respondent(s)

Mr.

Through: Mr. Raman Sharma, AAG with Ms. Saliqa Sheikh, Advocate Coram: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE

ORDER

17.02.2026

1. Through the medium of present petition, the petitioner is seeking implementation of order dated 07.03.2018 passed by the writ Court whereby the respondents were directed to accord benefit to the petitioner for appointment on notional basis w.e.f., 27.11.2000 as ReT and thereafter to fix her salary and compute her service accordingly and consequently, thereafter to consider the case of the petitioner for appointment to the post of which similar benefit has been extended to Rakesh Kumar & Poonam Sharma.

2. It appears that the respondents have given retrospective effect to the engagement of the petitioner as ReT teacher on notional basis with effect from 27.11.2000 whereafter she has been regularized as General Line Teacher with effect from 27.11.2005. It also appears that after giving notional effect to the regularization of the petitioner as General Line Teacher with effect from 27.11.2005, her pay has been re-fixed.

3. It is the contention of the petitioner that she is entitled to consequential benefits on account of arrears of salary after re-fixation with effect from 08.05.2013, the date on which she was actually as ReT, whereas learned counsel for the respondents has submitted that the petitioner is entitled to monetary benefits as a General Line Teacher with effect from the date she has been actually regularized and worked as general line teacher i.e., w.e.f., 07.03.2018.

4. At this stage learned Senior counsel for the petitioner has submitted that even from 07.03.2018, the petitioner has not been granted the arrears of salary in accordance with the re-fixation done by the respondents.

5. The issue whether the petitioner is entitled to monetary date she was actually appointed as ReT teacher or with effect from the date she has been actually regularized as General Line Teacher, is an issue which is required to be decided after hearing the parties at length on this aspect but one thing is clear that the respondents have to pay to the petitioner the arrears of salary as General Line Teacher upon re-fixation of the salary with effect from 01.07.2018, on which date her basic salary has been fixed as Rs.47,600/- per month.

6. Accordingly, the respondents shall ensure that arrears of salary for the aforesaid period are released in favour of the petitioner by next date of hearing.

7. List on 10.03.2026 (Sanjay Dhar)

Judge Jammu

17.02.2026

Sneha