Relief for ReT Teachers:CAT Jammu Bench Declares Tranfer Policy Discriminatory
Srinagar, Nov 22 :
The Central Administrative Tribunal (CAT) has declared Regularized Rehbar-e-Taleem (RReTs) teachers of Jammu and Kashmir as good as the General Line Teachers (GLTs).
The Regularized Rehbar-e-Taleem (RReTs) teachers are considered as Grade-II and Grade-III teachers—depending upon the qualification of the individual.
The recruitment spree of ReT in Jammu and Kashmir was started in 2001 in which more than 35,000 teachers were recruited with a major purpose of enhancing the student enrolment in government-run-schools upto upper primary level.
According to the CAT order, a copy of which lies with the news agency—Kashmir News Observer (KNO) reads that there can be no differential treatment between applicant and the General Line Teacher recruited directly as long as two employees are a part of the same cadre.
“In the present case after completing five years of service as ReT teacher, the applicant was regularized as General Line Teacher and there can be no differential treatment between applicant and the General Line Teacher recruited directly, as long as two employees are a part of the same cadre,” it reads (SIC)
It further reads that the underlying principle is that so long as employees are part of the cadre, their birth mark based on how they joined the cadre is not relevant. “In other words, once the employees are placed in one cadre, the distinction between their sources of appointment disappears.” (SIC)
CAT said that the Supreme Court has categorically held that classification of employees based on their recruitment is not permissible under law. “Thus, the impugned orders are discriminatory viz-a-viz the applicants being violative of Articles 14 and 16 of Constitution of India.”
“In the facts of the present case and in the backdrop of discussion, when tested on the anvil of Article 14 & 16 of Constitution of India, we are of the firm opinion that classification made in the impugned clause 3(a) of the Government Order No 22.01.2019 is not permissible under law being arbitrary, unsustainable and consequently, the impugned Government Order dated 25.07.2022 for repatriation of RReTs to their original place of posting, besides, impugned Clause D (30) of Transfer Policy dated 24.04.2023 and Clause A(n) of Notification No. 01 dated 26.04.2023 are also flawed,” it reads (SIC)
The CAT said that the net result of the discussion is that impugned clause 3(a) of the Government Order No. 22.01.2019, the Government Order dated 25.07.2022 for repatriation of RReTs to their original place of posting, Clause D (30) of Transfer Policy dated 24.04.2023 and Clause A(n) of Notification No. 01 dated 26.04.2023 are quashed. “The respondents are directed to treat the applicants at par with other General Line Teachers in their respective district cadres for all purposes including their transfers.”—(KNO)