Central Administrative Tribunal - Jammu
Bimla Devi vs School Education Department on 2 February, 2026
:: 1 :: O.A. No. 61/84/2025
Reserved on 31.12.2025
Central Administrative Tribunal
Jammu Bench, Jammu
Hearing through video conferencing
O.A. No. 61/84/2025
Pronounced on :- This the 2nd day of February 2026
Hon'ble Mr. Sanjeev Gupta, Judicial Member
Hon'ble Ms. Pragya Sahay Saksena, Administrative Member
1. Bimla Devi, Age 58 years, W/o Sh. Rajiv Kumar Dubey, R/o
Village P.O. Domana, Tehsil and District Jammu.
...Applicant
(Through Advocate: Mr. Anuj Dewan Raina)
Versus
1. UT of J&K through Commissioner/Secretary to Government,
School Education Department, Government of UT of J&K, Civil
Secretariat, Jammu.
2. Director School Education, Prem Nagar, Gujjar Nagar, Jammu.
3. Chief Education Officer, Resham Ghar Colony, Jammu.
4. Zonal Education Officer, Bhalwal, Jammu.
...Respondents
(Through Advocate: Mr. Sudesh Magotra, A.A.G)
Digitally signed by ARUN KUMAR
ARUN
DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Private Secretary,
PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat
Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone=
bec51f0843edd6f093ec1ff674dd9302e0b8c0071a6de1c7ff3234e1484e073c,
SERIALNUMBER=
39825f907708ddbc43cce60ec5938e235e0fbe2971cd9f0dd52bbb4aa46b2564, E=
KUMAR
[email protected], CN=ARUN KUMAR
Reason: I am the author of this document
Location:
Date: 2026.02.04 12:59:21+05'30'
Foxit PDF Reader Version: 2025.2.0
:: 2 :: O.A. No. 61/84/2025
ORDER
Per:- Sanjeev Gupta, Judicial Member The applicant has filed the instant Original Application (in short O.A.), praying for the following reliefs:-
"i. Set aside the Order of engagement of the applicant dated 02-05-2024, to the extent it does not provide the notional effect of appointment of applicant with effect from 2004 and monetary effect of the appointment w.e.f. date of passing of the judgement dated 22.07.2016.
ii. Direct the respondents to give notional effect of the appointment as ReT Teacher w.e.f. 2004 and to regularize the services of the applicant as General Line Teacher w.e.f. January 2009 i.e. on completion of 5 years of service as RET Teacher i.e. 2009 and to pay the due wages of applicant from the period she was wrongly denied the appointment by the respondents for no fault of the petitioner as well as other pensionary benefits as would accrue to the petitioner consequent upon her regularization w.e.f. 2009 on parity of other co selectees appointed in the year 2004.
iii. Direct the respondents to give pay parity to the applicant w.e.f. from the date applicant is seeking of regularization of the applicant as General Line Tacher from month of January 2009."
2. The brief facts of the case, as stated in the O.A. are that in pursuance of Advertisement Notice dated 11-12-2002 (Annexure A/2 to the O.A) issued by Respondent No. 3, inviting applications for engagement of Rehbar-E-Taleem (ReT) Teacher in different schools including in Village Domana, the applicant applied and participated in the selection process for the said post. It is averred in the O.A. that a panel was shortlisted vide Notification dated 13-10-2003 (Annexure- A3), however, while the candidature of the applicant was considered, the respondents did not select and appoint the applicant on the Digitally signed by ARUN KUMAR ARUN DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Private Secretary, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= bec51f0843edd6f093ec1ff674dd9302e0b8c0071a6de1c7ff3234e1484e073c, SERIALNUMBER= 39825f907708ddbc43cce60ec5938e235e0fbe2971cd9f0dd52bbb4aa46b2564, E= KUMAR [email protected], CN=ARUN KUMAR Reason: I am the author of this document Location:
Date: 2026.02.04 12:59:21+05'30' Foxit PDF Reader Version: 2025.2.0 :: 3 :: O.A. No. 61/84/2025 ground of overage as on the date of advertisement, without considering the Director School Education's Notice dated 21-01-2003 (Annexure A/4 to the O.A.) permitting increase of upper age. It is further averred that while ignoring the said age-relaxation notice, the respondents appointed other selected candidates. Aggrieved, the applicant filed SWP No. 435/2004 titled Bimla Devi Vs. State of J&K and others, challenging the selection of private candidates and seeking consideration for her appointment as ReT Teacher. The Hon'ble High Court, by Judgment dated 22-07-2016 (Annexure A/5 to the O.A.), allowed the writ petition and directed the respondents to accord consideration to the applicant's claim for appointment as ReT Teacher. Subsequently, when the directions were not complied with, the applicant filed Contempt Petition bearing No. CP (SW) 97 of 2017. That the respondents preferred LPA No. 18/2020 along with an application for condonation of delay, against the Judgment dated 22- 07-2016; however, this LPA was dismissed on 04-12-2021 (Annexure- A/6 to the O.A.), upholding the judgment dated 22.07.2016. The respondents then filed SLP (C) No. 16528/2022 before the Hon'ble Supreme Court, which was dismissed on 02-01-2023. (Annexure-A/7 to the O.A.) It is further averred that in the contempt petition filed by the applicant, despite filing of compliance reports/statement of facts, substantive compliance was not effected and after repeated directions for strict compliance, the respondents finally issued Order dated 02- 05-2024 (Annexure A/1 to the O.A) appointing the applicant as ReT Teacher in Government Middle School, Chingral Zone, Bhalwal, on Digitally signed by ARUN KUMAR ARUN DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Private Secretary, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= bec51f0843edd6f093ec1ff674dd9302e0b8c0071a6de1c7ff3234e1484e073c, SERIALNUMBER= 39825f907708ddbc43cce60ec5938e235e0fbe2971cd9f0dd52bbb4aa46b2564, E= KUMAR [email protected], CN=ARUN KUMAR Reason: I am the author of this document Location:
Date: 2026.02.04 12:59:21+05'30' Foxit PDF Reader Version: 2025.2.0 :: 4 :: O.A. No. 61/84/2025 clear vacancy, vide reference No. ZEOB/SMS/2638, issued by respondent No. 4. The Contempt Petition was closed with liberty to challenge the fresh order.
3. The grievance of the applicant as projected in the O.A. is that the appointment order dated 02-05-2024 did not confer regularization/notional seniority from January 2004 (when co- selectees were appointed) and did not grant monetary benefits from the date of the High Court judgment; it also did not record reasons for denying retrospective effect.
4. It is averred that the applicant had submitted her joining report pursuant to the engagement order, however, the issue of notional appointment in terms of the Hon'ble High Court's categorical finding that if found entitled, she be appointed against an available vacancy as on the date of judgment or thereafter, has not yet been decided. Besides, the respondents have not released the applicant's salary till date.
5. Notices were issued to the respondents, who have filed reply, in which it has been stated that in terms of advertisement notice dated 11.12.2002, applications came to be invited for the engagement of ReT Techers for various schools including village Domana and as per the advertisement notice the upper age limit was fixed 35 years as on 01.01.2002. The applicant also applied under the said advertisement notice and on the scrutiny of the forms, it was found that the applicant was overaged, as the date of birth of the applicant namely Digitally signed by ARUN KUMAR ARUN DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Private Secretary, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= bec51f0843edd6f093ec1ff674dd9302e0b8c0071a6de1c7ff3234e1484e073c, SERIALNUMBER= 39825f907708ddbc43cce60ec5938e235e0fbe2971cd9f0dd52bbb4aa46b2564, E= KUMAR [email protected], CN=ARUN KUMAR Reason: I am the author of this document Location:
Date: 2026.02.04 12:59:21+05'30' Foxit PDF Reader Version: 2025.2.0 :: 5 :: O.A. No. 61/84/2025 Bimla Devi was 20.02.1966, hence, her age was 35 years 10 months and 12 days as on 01.01.2002. It is further stated that the notification dated 21.01.2003, issued by Director, School Education, Jammu purportedly giving relaxation in upper age limit, has not been given effect by any of the Zonal Education Officer, in any case, while preparing panels for engagement of candidates as ReT Teacher. It has also been stated that in compliance to directions passed vide order dated 22.07.2016, by Hon'ble High Court in SWP No. 435 of 2004 filed by the applicant, she has been engaged as ReT Teacher in Govt. Middle School, Chingral Zone Bhalwal on a clear vacancy. It has been further stated that no direction was given by Hon'ble High Court in the aforesaid judgement dated 22.07.2016 to give retrospective appointment to the applicant.
6. The applicant has filed rejoinder, basically reiterating the facts stated in the O.A. It has been stated in the rejoinder that the persons who were selected for appointment along with applicant in terms of advertisement notification dated 11.12.2002, were appointed from the year 2004, but the applicant came to be deprived of selection and appointment, which consequently was issued pursuant to judgement passed by Hon'ble High Court dated 22.07.2016, thus the applicant is entitled to notional seniority w.e.f. 2009 as General Line Teacher.
7. Mr. Anuj Dewan Raina, learned counsel for the applicant contended that since the respondents did not initially appoint the applicant for no fault of her, and she was finally selected and Digitally signed by ARUN KUMAR ARUN DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Private Secretary, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= bec51f0843edd6f093ec1ff674dd9302e0b8c0071a6de1c7ff3234e1484e073c, SERIALNUMBER= 39825f907708ddbc43cce60ec5938e235e0fbe2971cd9f0dd52bbb4aa46b2564, E= KUMAR [email protected], CN=ARUN KUMAR Reason: I am the author of this document Location:
Date: 2026.02.04 12:59:21+05'30' Foxit PDF Reader Version: 2025.2.0 :: 6 :: O.A. No. 61/84/2025 appointed in the year 2024, therefore, she cannot be discriminated and is entitled to be notionally selected w.e.f. 2004 and consequently regularized as General Line Teacher w.e.f. 2009 as the applicant cannot be made to suffer for the fault on part of the respondents, who did not appoint the applicant, at the time when she was entitled to be selected and appointed. In this regard, he has relied on the judgement dated 25.11.2019 of Hon'ble High Court of Jammu and Kashmir in SWP No. 1438 of 2011 titled Susheela Raina Vs. State of J&K and others, which was upheld by Division Bench of Hon'ble High Court in LPA No. 20 of 2021 titled Union Territory of Jammu and Kashmir and others Vs. Susheela Raina vide judgement dated 07.11.2024.
8. On the other hand, Mr. Sudesh Magotra, learned A.A.G. appearing for the respondents supported the action of the respondents and stated that the prayer of the applicant for notional effect of appointment as ReT Teacher w.e.f 2004 is not justified and legally maintainable in the eyes of law. Moreover, the appointment takes effect from the date of issuance of order or from the date as the order may indicate.
9. Heard the learned counsels for the parties and perused the records.
10. Indisputably, the applicant applied for and participated in selection process for engagement as ReT Teacher in pursuance of Advertisement Notice dated 11.12.2002. However, the candidature of the applicant was rejected on the ground that the applicant was not Digitally signed by ARUN KUMAR ARUN DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Private Secretary, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= bec51f0843edd6f093ec1ff674dd9302e0b8c0071a6de1c7ff3234e1484e073c, SERIALNUMBER= 39825f907708ddbc43cce60ec5938e235e0fbe2971cd9f0dd52bbb4aa46b2564, E= KUMAR [email protected], CN=ARUN KUMAR Reason: I am the author of this document Location:
Date: 2026.02.04 12:59:21+05'30' Foxit PDF Reader Version: 2025.2.0 :: 7 :: O.A. No. 61/84/2025 falling within the prescribed age limit and was overage as on the date of issuance of advertisement notice. Aggrieved, the applicant filed SWP No. 435 of 2004 which was disposed of by Single Bench of Hon'ble High Court vide order dated 22.07.2016. It would be apposite to have glance at some of the observations made by the Hon'ble High Court in the aforesaid judgement, which is reproduced below:-
"7. On its plain reading of notice dated 21.01.2003 admits of no doubt that it pertained also to the Advertisement Notifications issued prior thereto and all those candidates who were benefitted by the increase in age could have applied for against those advertisements and were eligible for consideration. In this view of the matter, petitioner being less than 37 in age as on 01.01.2002, her candidature should not have been rejected. The official respondents, therefore, have committed error and can be said to have acted illegally in not giving the benefit of increase in age to the petitioner. By rejecting or ignoring her candidature the very purpose of the notice dated 21.01.2003 has been defeated.
8. Now that the private respondents are said to have been selected/appointed long back and given that no record about comparative merit of the private respondents and the petitioner has been produced before this Court, this writ petition, without disturbing the selection and appointment of the private respondents, is allowed and by issuing writ of mandamus the respondents are directed to accord consideration to the claim of the petitioner and decide whether she would have been selected pursuant to Advertisement Notice dated 11.12.2002 had her candidature not been rejected and, in case it is found that she would have been selected and appointed at that stage, to appoint her against an available vacancy as on today or accruing hereafter. This judgement shall be implemented within six weeks after petitioner produces a copy of this order in the office of respondent No. 2."
11. From the above, it is clear that the Hon'ble High Court had held that the action of the respondents of rejecting the candidature of the applicant being over age was incorrect and directed the respondents to Digitally signed by ARUN KUMAR ARUN DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Private Secretary, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= bec51f0843edd6f093ec1ff674dd9302e0b8c0071a6de1c7ff3234e1484e073c, SERIALNUMBER= 39825f907708ddbc43cce60ec5938e235e0fbe2971cd9f0dd52bbb4aa46b2564, E= KUMAR [email protected], CN=ARUN KUMAR Reason: I am the author of this document Location:
Date: 2026.02.04 12:59:21+05'30' Foxit PDF Reader Version: 2025.2.0 :: 8 :: O.A. No. 61/84/2025 decide as to whether, the applicant would have been selected, had her candidature not rejected on account of being over age.
12. The respondents challenged the aforesaid judgement before the Division Bench of Hon'ble High Court by filing LPA No. 18 of 2020 - Union Territory of J&K Vs. Bimla Devi and ors, which was dismissed on 04.12.2021 on account of delay in preferring the LPA. Subsequently, the Special Leave to Appeal (C) No. 16528/2022 filed by the respondents before the Hon'ble Supreme Court was also dismissed on 02.01.2023. Thereafter, the applicant filed Contempt Petition No. CPSW No. 97 of 2017 before the Hon'ble High Court, which was closed on 30.09.2024 as the respondents filed compliance report annexing a copy of order dated 02.05.2024 engaging the applicant prospectively, as ReT Teacher in Government Middle School, Chingral Zone, Bhalwal on clear vacancy.
13. In our considered opinion, since the very ground viz; the applicant being overage, on the basis of which the candidature of the applicant was rejected, was held to be incorrect and illegal by the Hon'ble High Court, the respondents ought to have engaged the applicant as ReT from the date of passing of the judgement dated 22.07.2016 in the SWP No. 435 of 2004 filed by the applicant. The applicant for her engagement as ReT contested a long drawn litigation, resultantly the applicant got engaged as ReT in the year 2024 vide impugned order dated 02.05.2024. Thus, the process of her engagement having been delayed from the year 2003 i.e. the date Digitally signed by ARUN KUMAR ARUN DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Private Secretary, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= bec51f0843edd6f093ec1ff674dd9302e0b8c0071a6de1c7ff3234e1484e073c, SERIALNUMBER= 39825f907708ddbc43cce60ec5938e235e0fbe2971cd9f0dd52bbb4aa46b2564, E= KUMAR [email protected], CN=ARUN KUMAR Reason: I am the author of this document Location:
Date: 2026.02.04 12:59:21+05'30' Foxit PDF Reader Version: 2025.2.0 :: 9 :: O.A. No. 61/84/2025 when other candidates who had competed in the selection process of ReTs along with applicant, came to be appointed, as the respondents arbitrarily rejected the candidature of the applicant on the ground that she was overage, without any fault of the applicant.
14. In a similar case Union Territory of Jammu & Kashmir and another Vs. Susheela Raina - LPA No. 20 of 2021, the Hon'ble High Court of Jammu & Kashmir and Ladakh vide judgement dated 07.11.2024, partly modified the judgement dated 25.11.2019 passed by Single Bench in SWP No. 1438 of 2011 whereby, a direction was given for deemed appointment of petitioner therein w.e.f. 05.08.1996 notionally with all consequential service benefits and directed appointment of the petitioner therein w.e.f. 13.08.1998 i.e. one month from the date of judgement in SWP No. 1164 of 1997. The relevant portion of the judgement is quoted below:-
"06. Nonetheless, the fact remains that upon consideration, the appellants found the respondent entitled to appointment and this entitlement of respondent to appointment as teacher emanates from the judgment passed by the learned Single Judge. That being so, the respondent could not be denied the appointment to the respondent at least w.e.f. 13.08.1998. The Writ Court did not appreciate that matter by directing the appellants to offer appointment to the respondent within one month from the date of judgement, the prayer of the respondent for retrospective appointment from the year 1996 stood impliedly rejected. That being so, the judgement of the Writ Court to the extent of providing the retrospective benefit to the appointment of respondent as teacher w.e.f. 05.08.1996 is not correct in law."Digitally signed by ARUN KUMAR
ARUN DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Private Secretary, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= bec51f0843edd6f093ec1ff674dd9302e0b8c0071a6de1c7ff3234e1484e073c, SERIALNUMBER= 39825f907708ddbc43cce60ec5938e235e0fbe2971cd9f0dd52bbb4aa46b2564, E= KUMAR [email protected], CN=ARUN KUMAR Reason: I am the author of this document Location:
Date: 2026.02.04 12:59:21+05'30' Foxit PDF Reader Version: 2025.2.0 :: 10 :: O.A. No. 61/84/2025 Therefore, in the circumstances, the case of the applicant is covered by supra judgement in LPA No. 20 of 2021, relied upon the learned counsel for the applicant.
15. In the light of position noted above, the O.A. is allowed and the applicant is deemed to have been appointed as ReT w.e.f., 02.09.2016 (six weeks from the date of judgement i.e. 22.07.2016), as per direction given in judgement dated 22.07.2016 in SWP No. 435 of 2004. Accordingly, the respondents are directed to treat the appointment of the applicant for all intents and purposes w.e.f. 02.09.2016 with all consequential benefits, including her regularization as General Line Teacher, except for the purpose of grant of monetary benefits. Necessary order be issued reflecting aforementioned date of appointment within three weeks from the date certified copy of this order is submitted to the respondents' department.
16. No order at costs.
(Pragya Sahay Saksena) (Sanjeev Gupta)
Administrative Member Judicial Member
Arun...
Digitally signed by ARUN KUMAR
ARUN
DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Private Secretary, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= bec51f0843edd6f093ec1ff674dd9302e0b8c0071a6de1c7ff3234e1484e073c, SERIALNUMBER= 39825f907708ddbc43cce60ec5938e235e0fbe2971cd9f0dd52bbb4aa46b2564, E= KUMAR [email protected], CN=ARUN KUMAR Reason: I am the author of this document Location:
Date: 2026.02.04 12:59:21+05'30' Foxit PDF Reader Version: 2025.2.0