The Central Administrative Tribunal (CAT), Jammu Bench, delivered a significant judgment on November 20, 2024, addressing a series of connected cases led by Original Application No. 61/161/2023 filed by Jyoti Gupta. The bench, comprising Hon’ble Mr. Sanjeev Gupta (Judicial Member) and Hon’ble Ms. Pragya Sahay Saksena (Administrative Member), pronounced its order via video conferencing, marking a crucial victory for Rehbar-e-Taleem (ReT) teachers in Jammu and Kashmir.
The core issue revolved around the classification of ReT teachers, regularized as General Line Teachers, who challenged several government orders that restricted their transfer rights. These orders, including Clause 3(a) of Government Order No. 20-Edu of 2019 and related communications, were deemed discriminatory and ultra vires of the Constitution of India.
The tribunal underscored that after five years of service, ReT teachers regularized as General Line Teachers should enjoy the same transfer conditions as their counterparts. It held that creating a distinct cadre for these teachers violates the principle of equality enshrined in Articles 14 and 16 of the Constitution.
This ruling reiterates previous decisions by the Jammu and Kashmir High Court, which had quashed similar restrictive policies. The tribunal's decision mandates the state education department to treat all regularized teachers equally, ensuring fair transfer policies within their respective districts.
The verdict is seen as a significant step toward upholding the rights of ReT teachers and maintaining uniformity in service conditions across the education sector in Jammu and Kashmir.
In a significant decision, the Central Administrative Tribunal (CAT), Jammu Bench, has issued a common order addressing multiple petitions challenging the Jammu & Kashmir School Education Department’s transfer policies for regularized Rehbar-e-Taleem (ReT) teachers. The verdict, delivered by Hon’ble Mr. Sanjeev Gupta (Judicial Member) and Hon’ble Ms. Pragya Sahay Saksena (Administrative Member), emphasizes the principles of equality under Article 14 of the Constitution.
Lead Case Details:
The primary case, titled Jyoti Gupta vs. UT of J&K & Others (Original Application No. 61/161/2023), involved Jyoti Gupta, a 41-year-old teacher from Kathua district, who contested the government orders impacting transfer policies for regularized ReT teachers. The petitioner argued that the service conditions post-regularization should be the same as those for General Line Teachers, and treating them as a separate category was discriminatory and unconstitutional.
Key Challenges:
The applicant sought to quash multiple government orders, including:
Clause 3(a) of Government Order No. 20-Edu of 2019, which restricted the transfer of regularized ReT teachers.
Communication No. Edu-RET/1/2022-01 dated July 25, 2022, which ordered the repatriation of ReT teachers to their original postings.
The petitioner emphasized that these orders contradicted prior judgments by the Jammu & Kashmir High Court, which had ruled that regularized ReT teachers should be treated on par with General Line Teachers. Notably, the High Court's decisions in the Jyoti Gupta (2010) and Majid Alyas (2016) cases had established that regularized ReT teachers constitute a unified class with General Line Teachers and should not face discriminatory transfer policies.
Government's Defense:
The respondents, represented by learned AAG Mr. Sudesh Magotra, argued that the transfer policies were issued in the larger public interest, maintaining that ReT teachers form a distinct category under the J&K School Education (Subordinate) Service Recruitment Rules, 2008. They asserted that the policies were constitutionally valid and within the government's administrative purview.
Tribunal's Findings:
The tribunal reaffirmed the principles of equality, stating that any classification must be rational and justified. It highlighted that once ReT teachers are regularized, they should not be treated differently from General Line Teachers. The ruling stressed that arbitrary classification violates Articles 14 and 16 of the Constitution.
The CAT’s ruling underscores the importance of fair and non-discriminatory treatment of regularized ReT teachers, reinforcing that government policies must align with constitutional principles. This decision could have far-reaching implications for the J&K School Education Department's administrative practices, ensuring equal treatment for all teachers irrespective of their recruitment pathways.
.webp)
