Central Administrative Tribunal - Jammu
Talib Hussain vs School Education Department on 12 February, 2026
:: 1 :: TA 32/2025
CENTRAL ADMINISTRATIVE TRIBUNAL
JAMMU BENCH, JAMMU
Hearing through video conferencing
Transfer Application No. 32/2025
Reserved on: - 01.12.2025
Pronounced on: - This the 12th day of February 2026
HON'BLE SHRI RAJINDER SINGH DOGRA, JUDICIAL MEMBER
HON'BLE SHRI RAM MOHAN JOHRI, ADMINISTRATIVE MEMBER
1. Talib Hussain, age 63 years S/o Late Abdul Ghani, R/o Village
Dhella, Tehsil Chiralla District Doda.
...Petitioner
(Through Advocate: - Mr. R. Koul)
Versus
1. Union Territory of Jammu & Kashmir through
Commissioner-cum-Secretary, School Education
Department, Civil Secretariat, Jammu.
2. Director, School Education, Muthi, Jammu.
3. Chief Education Officer, Doda District Doda.
4. Chief Education Officer, Kishtwar, district Kishtwar.
...Respondents
(Through Advocate:- Mr. Sudesh Magotra, Ld. AAG)
RAJAT SINGH PATHANIA
C=IN, O=Central Administrative Tribunal Jammu Bench, OU=
RAJAT SINGH
Stenographer Grade D, PostalCode=180001, L=jammu, S=JAMMU
AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary
Camp office Jammu Jandk", Phone=
53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df251
6f9d70fe, SERIALNUMBER=
PATHANIA c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f
223826, [email protected], CN=RAJAT SINGH PATHANIA
I am the author of this document
2026.02.13 11:11:32+05'30'
:: 2 :: TA 32/2025
ORDER
Per: - Rajinder Singh Dogra, Judicial Member
1. The SWP No.980/2018 was transferred from the Hon'ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.1583/2020 by the Registry of this Tribunal.
2. The present matter was filed before the Hon'ble High Court seeking following relief: -
a) "Writ, Order or Direction in the nature of Certiorari quashing the impugned order dated 03.08.2023 (Annexure-I);
b) Writ of Mandamus directing and commanding the respondents to treat the petitioner as regularized General Line Teacher on the completion of five years as Rehbar-e-
Taleem from 13.03.2010 notionally and grant all consequential benefits of pay, allowances etc. The petitioner be further held entitled to grant of pension as well. All these reliefs be granted along with suitable interest from the time it became due.
c) Any other suitable writ, order or direction as this Hon'ble Court deems appropriate under the facts and circumstances of the case be passed in favour of the petitioner and against the respondents;
d) Petitioner be also awarded costs of the proceedings throughout.
RAJAT SINGH PATHANIA C=IN, O=Central Administrative Tribunal Jammu Bench, OU= RAJAT SINGH Stenographer Grade D, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df251 6f9d70fe, SERIALNUMBER= PATHANIA c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f 223826, [email protected], CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.13 11:11:32+05'30' :: 3 :: TA 32/2025
3. The facts of the case as pleaded by the petitioners in their pleadings are as follows: -
1. The petitioner is aggrieved of order of rejection passed by respondent No. 2 being No. DSEJ/Legal/23460-63 dated 03.08.2023 where under his case for regularization as General Line Teacher was rejected.
This petition is being filed pursuant to liberty granted by this Hon'ble Court in Contempt Petition CCP(S) No. 30 of 2013 vide its order dated 09.08.2023. That the petitioner is a citizen of India and a resident of Union Territory of Jammu and Kashmir. The petitioner is entitled to all the fundamental rights granted under Part-III of the Constitution.
2. The petitioner came to be engaged temporarily as Part Time Instructor in terms of order dated 01.04.1988 on submitting of resignation by the incumbent instructor, for P.T. Centre Dhoki on consolidated pay of Rs.100/ per month. Copy of the order dated 01.04.1988 is enclosed herewith and marked as Annexure-II. The petitioner continued to work as such and subsequently RAJAT SINGH PATHANIA C=IN, O=Central Administrative Tribunal Jammu Bench, OU= RAJAT SINGH Stenographer Grade D, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df251 6f9d70fe, SERIALNUMBER= PATHANIA c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f 223826, [email protected], CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.13 11:11:32+05'30' :: 4 :: TA 32/2025 was engaged as EV in terms of communication No. ZEO/T/SSA/86-87 dated 02.08.2004 continued to work till the said centre namely EGSPS Kutana was up graded as primary school and the petitioner, being 10+2 qualified person and already working there, was converted as Rehbar-e-Taleem Teacher initially for a period of two years on monthly honorarium of Rs.1500.00 per month w. e. f August, 2008 regarding which prior approval was granted by CEO Doda vide his no 299908-10 dt17.2.2010 w. e. f 8/2008. For kind perusal of this Hon'ble Court, a copy of communication No. ZEO/T/SSA/1552-55 dated 13.03.2010 is enclosed herewith and marked as Annexure-III.
3. In terms of Rehbar-e-Taleem Scheme incumbent having worked Rehbar-e-Taleem continuously for five years, was entitled to be regularized as General Line Teacher on completion of satisfactory period of five years. The petitioner having worked diligently and to the satisfaction of the school authority, his case also came to be recommended for regularization as General Line RAJAT SINGH PATHANIA C=IN, O=Central Administrative Tribunal Jammu Bench, OU= RAJAT SINGH Stenographer Grade D, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df251 6f9d70fe, SERIALNUMBER= PATHANIA c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f 223826, [email protected], CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.13 11:11:32+05'30' :: 5 :: TA 32/2025 Teacher, which was communicated vide letters dated 05.03.2014, 14.01.2017 and 17.07.2017. While the petitioner along with other similarly placed persons was awaiting his regularization as General Line Teacher, the authorities were completely silent on the issue, which constrained him to approach this Hon'ble Court in terms of WP(C) No. 3991/2019 seeking regularization of his service as General Line Teacher. The said petition in terms of Judgment dated 31.10.2019 came to be disposed of, while directing the respondents to take appropriate action in terms of the Rules. Since nothing transpired at the end of the respondents, a contempt petition No. CCP(S) 30 of 2020 was filed against the alleged contemnors in which compliance report was submitted by them (Annexure-I), where under the case of the petitioner along with other candidates/petitioners therein was rejected on the ground of being overage. Accordingly, the contempt petition was withdrawn with liberty to challenge the order impugned afresh. The petitioner challenges the legality, correctness and RAJAT SINGH PATHANIA C=IN, O=Central Administrative Tribunal Jammu Bench, OU= RAJAT SINGH Stenographer Grade D, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df251 6f9d70fe, SERIALNUMBER= PATHANIA c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f 223826, [email protected], CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.13 11:11:32+05'30' :: 6 :: TA 32/2025 propriety of the order impugned herein on following among other grounds:-
A) That the order impugned is merely a formally, not at all in accordance with the Rules and Regulations, which was passed with purpose only to ward of action being taken in the contempt proceedings. The order impugned being without proper application of mind, arbitrary and actuated by malafide in office, it deserves to be quashed; B) That the issue of Rehbar-e-Taleem is regulated by Government order No. 396 of Edu 2000 dated 28.04.2000 which inter-alia provides for guidance with regard to engagement etc. of a person as Rehbar-e-Taleem and it further postulates that "on the satisfactory completion of five years as Rehbar-e-Taleem on honorarium basis, the candidate shall be eligible for appointment as General Line Teacher in the Education Department. For this purpose VLC shall have to furnish a certificate about the satisfactory RAJAT SINGH PATHANIA C=IN, O=Central Administrative Tribunal Jammu Bench, OU= RAJAT SINGH Stenographer Grade D, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df251 6f9d70fe, SERIALNUMBER= PATHANIA c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f 223826, [email protected], CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.13 11:11:32+05'30' :: 7 :: TA 32/2025 performance of the Teacher and highlighting the specific achievements and his/her overall conduct.
At the time of consideration for formal appointment in the Government if a teacher is found not to fulfill age qualification then his/her employment would be on contractual basis for a future". Subsequently in terms of Government Order No. 115-Edu of 2008 dated 29.02.2008 in modification of the aforesaid order it further stated that "provided that the period of five years rendered as Rehbar-e-Taleem on honorarium basis shall count as service qualifying exclusively for pension if the said tenure is continuous and followed by regularization as general fine teacher." Thus in terms of the said order, the respondents were not justified in rejecting the claim of the petitioner as done by way of order impugned herein. The order impugned itself ex facie showing non-observance of the rules as well as judgment passed by this Hon'ble Court, the concerned RAJAT SINGH PATHANIA C=IN, O=Central Administrative Tribunal Jammu Bench, OU= RAJAT SINGH Stenographer Grade D, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df251 6f9d70fe, SERIALNUMBER= PATHANIA c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f 223826, [email protected], CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.13 11:11:32+05'30' :: 8 :: TA 32/2025 officers should have been asked to explain their conduct in rejecting the claim of the petitioner and taken to task. On this count alone, the order entails its setting aside.
C) That it would not be out of context to mention here that number of similarly placed Rehbar-e- Taleem Teachers at the time of their regularization as General Line Teacher, who were admittedly beyond age in terms of regulation, had since been regularized. The petitioner mentions some of the names, to his knowledge, which are as under:-
i) Sh. Chaman Lal, date of birth as 1962 was regularized in PS Chaknu Zone Thathri on 26.7.2008
ii) Sh. Suman Kishor, date of birth as March, 1961 was regularized in PS Butna Zone, Dhrabshala on 26.7.2008 The petitioner is similarly placed as these persons and having retired from the service on 31.10.2021, the petitioner on the basis of RAJAT SINGH PATHANIA C=IN, O=Central Administrative Tribunal Jammu Bench, OU= RAJAT SINGH Stenographer Grade D, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df251 6f9d70fe, SERIALNUMBER= PATHANIA c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f 223826, [email protected], CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.13 11:11:32+05'30' :: 9 :: TA 32/2025 his regularization as General Line Teacher after completion of five years, would have been entitled to all the remuneration as well as pension in terms of regulations quoted above. It is matter of fact that respondent no 2 vide various order has regularisd number of General Line Teachers in similar manner The issue having been wrongly dealt with by the respondents, the petitioner had been made to suffer for "No Fault" of his.
D) That it is noticeable that the petitioner was performing his duties with the respondent ever since 1988 when at the time of joining the deptt, he was barely 26 yrs of age and till his retirement, he had put in around 33 yrs of service with the respondents. The entire life having been given for the respondents, it is inhumane and illegal, at this stage, to reject the claim of the petitioner without any basis and leaving him and his family RAJAT SINGH PATHANIA C=IN, O=Central Administrative Tribunal Jammu Bench, OU= RAJAT SINGH Stenographer Grade D, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df251 6f9d70fe, SERIALNUMBER= PATHANIA c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f 223826, [email protected], CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.13 11:11:32+05'30' :: 10 :: TA 32/2025 completely high and dry. In this view of matter, the order impugned is liable to be quashed.
4. The respondents have filed their reply statement wherein they have averred as follows: -
1) The present application doesn't disclose infringement of any fundamental, statutory or legal right of the applicant, as such, the present petition filed by the applicant deserves an outright dismissal, as none of the fundamental, statutory and also legal rights of the applicant have been violated.
2) No cause of action has accrued to the applicant against the answering respondents and as such, the applicant has no right or locus standi to maintain the instant application.
3) The applicant has not come up with clean hands before this Hon'ble Tribunal and has tried to mislead the Hon'ble Forum by sheer misrepresentation of facts. The present O.A. suffers from suppressio-veri, suggestio-falsi, which renders the O.A. liable to be dismissed in limine.
RAJAT SINGH PATHANIA C=IN, O=Central Administrative Tribunal Jammu Bench, OU= RAJAT SINGH Stenographer Grade D, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df251 6f9d70fe, SERIALNUMBER= PATHANIA c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f 223826, [email protected], CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.13 11:11:32+05'30' :: 11 :: TA 32/2025
4) The humble answering respondents submit that anything stated contrary to records and not specifically admitted by the answering respondents is vehemently denied.
5) Under law and relevant rules governing the field, the applicant is not entitled to the relief as claimed in the prayer part of the application.
6) At the outset the answering respondent deny each and every averment made by the applicant unless the same is specifically admitted by the answering respondent. As such, the instant Original Application deserves outright dismissal.
7) As per the official records available, the applicant namely Talib Hussain S/O Abdul Gani Lone Zone Bhalessa District Doda was engaged as Education Volunteer (EV) in EGS Center Kuttana having qualification matriculation (10th) under Memorandum of Understanding (MOU) on 02-08- 2004 by the Zonal Education Officer Thathri vide no. ZEO/T/SSA/86 dated 02-08-2004 and further RAJAT SINGH PATHANIA C=IN, O=Central Administrative Tribunal Jammu Bench, OU= RAJAT SINGH Stenographer Grade D, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df251 6f9d70fe, SERIALNUMBER= PATHANIA c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f 223826, [email protected], CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.13 11:11:32+05'30' :: 12 :: TA 32/2025 converted as ReT in Pry School Kuttana, against the clear vacancy Zone Thathri vide Order No. ZEO/T/SSA/1552-55 dated 13-03-2010.
8) After his conversion to ReT, the applicant continued performing his duties at his place of posting. Upon completion of five years of continuous service, his regularization file was submitted to the Directorate for approval. However, the file remained pending due to the fact that the applicant, having Date of Birth (DOB) 28.10.1961, was overage at the time of engagement as an EV and, thus, ineligible for regularization as a Regularized Rehbar-e-Taleem (RReT).
9) Aggrieved by this, the applicant filed WP(C) No. 3991/2019 before the Hon'ble High Court of J&K, seeking regularization as RReT on the ground of completion of mandatory service as per the ReT scheme and the Hon'ble High Court disposed of the writ petition order dated 31.10.2019 operative part of which is reproduce as under; "Petitioner claim to RAJAT SINGH PATHANIA C=IN, O=Central Administrative Tribunal Jammu Bench, OU= RAJAT SINGH Stenographer Grade D, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df251 6f9d70fe, SERIALNUMBER= PATHANIA c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f 223826, [email protected], CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.13 11:11:32+05'30' :: 13 :: TA 32/2025 have completed five years of continues service as RET's. It is stated that according to RET scheme, the petitioners have a right of regularization upon completion of satisfactory service of RET.s.Be that as it may, this writ petition is disposed of with the direction to the respondent to determine the eligibility of the petitioners and take on appropriate decision in accordance to with the policy. The same shall be expeditiously, preferably with in a period of two months from the date of receipt of certified copy of this order. Disposed of accordingly along with connected CM"
10) In compliance with the above direction and in reference to General Administrative Department Notification No. GAD/MJG/A/81-83 dated 31.01.2003, which provided temporary relaxation of the upper age limit by two years (01.01.2003 to 31.12.2004), the case of the petitioners was examined. It was found that Petitioner No. 4, Gulfam S/o Rehamtullah Hajam, R/o Village Kahaljugasar, RAJAT SINGH PATHANIA C=IN, O=Central Administrative Tribunal Jammu Bench, OU= RAJAT SINGH Stenographer Grade D, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df251 6f9d70fe, SERIALNUMBER= PATHANIA c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f 223826, [email protected], CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.13 11:11:32+05'30' :: 14 :: TA 32/2025 District Doda, was not overage and was thus eligible for regularization as a General Line Teacher from 09.01.2014.
5. That the applicant Talib Hussain, dissatisfied with the non-implementation of the High Court's order dated 31.10.2019, filed a contempt petition before the Hon'ble High Court of J&K.
6. That, in compliance with the Hon'ble High Court's order, the Director School Education, Jammu issued a detailed Speaking Order (No. DSEJ/Legal/23460- 63 dated 03.08.2023), clearly stating that the applicant's claim was untenable under law.
7. That the applicant was overage on the date of conversion from EV to ReT, as per the ReT Scheme, making him ineligible for regularization under the applicable rules.
8. That, as per Govt. Order No. 1208-Edu of 2001 dated 14.09.2001, which modified Govt. Order No. 396-Edu of 2000 dated 23.04.2000, it was stipulated that:
RAJAT SINGH PATHANIA C=IN, O=Central Administrative Tribunal Jammu Bench, OU= RAJAT SINGH Stenographer Grade D, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df251 6f9d70fe, SERIALNUMBER= PATHANIA c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f 223826, [email protected], CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.13 11:11:32+05'30' :: 15 :: TA 32/2025 "Upon satisfactory completion of five years as Rehbar-e-Taleem (ReT) on honorarium basis, the candidate shall be eligible for appointment as General Line Teacher in the Education Department. At the time of such consideration, his age and qualification at the date of contractual appointment shall be reckoned. However, age relaxation shall be considered on merit by the Administrative Department."
9. It is pertinent to mention here that in terms of Govt Order No. 1208 Edu of 2001 dated 14.09.2001 which was issued in partial modification to Govt. Order No. 396 of Edu 2000 dated 23.04.2000, wherein it is ordered that the sub-para "Regularizations" appearing at page 4 of the said order shall read as follow, "On the satisfactory completion of five years as Rehbar-e- Taleem on honorarium basis, the candidate shall be eligible for appointment as General Line Teacher in the Education Department, for this purpose, the VLC shall certificate about the satisfactory have to furnish a performance of the teacher highlighting the RAJAT SINGH PATHANIA C=IN, O=Central Administrative Tribunal Jammu Bench, OU= RAJAT SINGH Stenographer Grade D, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df251 6f9d70fe, SERIALNUMBER= PATHANIA c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f 223826, [email protected], CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.13 11:11:32+05'30' :: 16 :: TA 32/2025 specific achievements & his/her overall conduct. At the time of consideration of a Rehbar-e-Taleem teacher for formal appointment in the Government, his age, qualification on the date of his/her contractual appointment will be reckoned provided that in case of candidates otherwise eligible for formal appointment in the Govt. but who, may be over aged at the time of contractual appointment, relaxation of qualification, age shall be considered on merit by the Administrative Department."
5. In the rejoinder, filed by the applicant following is submitted:
i. The applicant has gone through the objections filed by respondents-Deptt. and pursuant there to and in order to repudiate incorrect contentions of the respondents, this rejoinder is being filed there to for proper adjudication of the matter. It clarified that the respondents are concealing the correct facts and misleading this Hon'ble tribunal. The fact that age at the time of regularisation in case of applicant and similarly placed persons is not relevant and could not be made ground of RAJAT SINGH PATHANIA C=IN, O=Central Administrative Tribunal Jammu Bench, OU= RAJAT SINGH Stenographer Grade D, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df251 6f9d70fe, SERIALNUMBER= PATHANIA c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f 223826, [email protected], CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.13 11:11:32+05'30' :: 17 :: TA 32/2025 rejection. For kind perusal of this Hon'ble Tribunal the applicant is placing on record copy of recent order dated 14.5.2025 where under number of similar placed applicants have been upgraded as Gen Line Teachers even if they were beyond the permissible age. The said order is enclosed As Annx PR-1. Having joined the Deptt. at the age of 26, by the time applicant retired he had put in 33 yrs of service. As such plea of over age had no sanctity nor applicability in the present case. ii. It is further submitted that pursuant to order dated 14.5.2010, all the RET's were provided one last chance to acquire qualification of 10+2 by 30th June 2011 in order to enable them to be regularized as RET's. Copy of the said communication is enclosed as Annex PR-2. It can be seen that no age bar has been placed in the said communication and once having been regularized as RET, one would automatically become entitled to benefit of up gradation as Gen RAJAT SINGH PATHANIA C=IN, O=Central Administrative Tribunal Jammu Bench, OU= RAJAT SINGH Stenographer Grade D, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df251 6f9d70fe, SERIALNUMBER= PATHANIA c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f 223826, [email protected], CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.13 11:11:32+05'30' :: 18 :: TA 32/2025 Line Teacher after completing 5 yrs as such. Till his retirement in Oct 2021 no objection with regard to his eligibility was ever taken or communicated which otherwise would be deemed to have been waived of, if at all applicable. All these averments conjointly point out that age bar has no applicability to the case of applicant and rejection order was passed in mechanical manner, without proper application of mind and as vendetta for dragging the respondents in contempt proceedings. As such contentions raised in the as objections are bereft of any justification.
5. Heard learned counsel for the parties and perused the material available on record.
6. We have carefully examined the pleadings, documents, and applicable government orders. The ReT scheme aims to provide teachers for remote areas. Under Government Order No. 396-Edu of 2000 dated 28.04.2000 (modified by No. 1208-Edu of 2001 dated 14.09.2001 and No. 115-Edu of 2008 dated 29.02.2008), a ReT teacher becomes eligible for regularization as GLT after five years of RAJAT SINGH PATHANIA C=IN, O=Central Administrative Tribunal Jammu Bench, OU= RAJAT SINGH Stenographer Grade D, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df251 6f9d70fe, SERIALNUMBER= PATHANIA c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f 223826, [email protected], CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.13 11:11:32+05'30' :: 19 :: TA 32/2025 satisfactory service. The rules check age and qualifications as on the date of contractual appointment. However, they allow the department to relax age limits on merits.
7. The applicant started work in 1988 as a Part Time Instructor at age 26. He became an EV in 2004 and ReT from August 2008.
He met the 10+2 qualification through a 2010 order (Annexure PR- 2 dated 14.05.2010), which gave time till 30.06.2011 and mentioned no age limit. His school recommended him for GLT in 2014, 2017, and 2017 (Annexure-IV). The High Court in 2019 directed a decision per rules. Instead of proper review, respondents rejected him in 2023 only on age at 2004 EV stage.
8. This rejection does not follow the rules. The key date for age should relate to ReT appointment in 2008, not earlier EV role. The applicant served 33 years without any age issue raised earlier. This long service without objection means the department waived the age point. They accepted his work all along.
9. Also, others in the same position got regularized despite being overage like Chaman Lal (born 1962, regularized 2008) and Suman Kishor (born 1961, regularized 2008). An order dated 14.05.2025 RAJAT SINGH PATHANIA C=IN, O=Central Administrative Tribunal Jammu Bench, OU= RAJAT SINGH Stenographer Grade D, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df251 6f9d70fe, SERIALNUMBER= PATHANIA c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f 223826, [email protected], CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.13 11:11:32+05'30' :: 20 :: TA 32/2025 (Annexure PR-1) upgraded many overage ReTs to GLT. Treating the applicant differently violates equal treatment under Article 14 of the Constitution.
10. The rejection order looks hasty. It came after contempt proceedings and ignores the rules' relaxation option, recommendations, and his good service. It causes unfair hardship after 33 years, especially since he retired in 2021. Thus, the order is illegal, unfair, and against policy. It must be set aside.
11. In the light of the above findings, the Transferred Application is allowed with following directions: -
i. The impugned order No. DSEJ/Legal/23460-63 dated 03.08.2023 passed by Respondent No. 2 is quashed and set aside.
ii. The respondents are directed to regularize the service of the applicant as General Line Teacher (GLT) notionally with effect from the date of his eligibility upon completion of five years of continuous satisfactory service as Rehbar-e-
RAJAT SINGH PATHANIA C=IN, O=Central Administrative Tribunal Jammu Bench, OU= RAJAT SINGH Stenographer Grade D, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df251 6f9d70fe, SERIALNUMBER= PATHANIA c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f 223826, [email protected], CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.13 11:11:32+05'30' :: 21 :: TA 32/2025 Taleem (i.e., from August 2013), counting his entire prior service under the department from 1988 for all consequential benefits, including arrears of pay, allowances, and pensionary benefits, as per rules.
iii. The respondents shall compute and release all retiral benefits, arrears, and other entitlements to the applicant within a period of twelve weeks from the date of receipt of a certified copy of this order.
iv. No order as to costs.
v. The Transferred Application stands disposed of accordingly (RAM MOHAN JOHRI) (RAJINDER SINGH DOGRA) Administrative Member Judicial Member /R.S. Pathania/ RAJAT SINGH PATHANIA C=IN, O=Central Administrative Tribunal Jammu Bench, OU= RAJAT SINGH Stenographer Grade D, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= 53b906b465d826ee1c1d19e3b6adaf29e74297b997621c778f2df251 6f9d70fe, SERIALNUMBER= PATHANIA c9dcf1f6ccd342a2ad4bd12ef417af4694d0c57afe8c3bc762c35a192f 223826, [email protected], CN=RAJAT SINGH PATHANIA I am the author of this document 2026.02.13 11:11:32+05'30'