news details |
|
|
| HC quashes transfer policy of ReT teachers | | | Early Times Report
Jammu, May 21: In a landmark judgment the high court today declared the transfer policy of Rehber-e-taleem (ReT) teachers as ultra vires to the rules and quashed it. The judgement was announced by Justice Sunil Hali while disposing off twenty-five writ petitions challenging the ReT transfer policy.
Sarva Siksha Abiyan Policy was framed by the Govt of India. The policy discussed eligibility and procedure for selection and appointment of teachers under SSA. The object of the policy was to appoint teachers within the area of their location. The purpose was to ensure that no deficiency was left in the schools due to non-availability of teachers. The policy also provides that the teachers have to be appointed in the school where they are engaged, which is the basic eligibility for such an appointment. The policy ensures their regularization that after completion of five years, they are to be regularized as General Line Teachers. After the regularization and their appointment as General Line Teachers, they are encadred as general line teacher. Their cadre is determined on the basis of pay scale and the district where they are located. The petitioners challenged a particular clause of the policy which says the Rehbar-e-Taleem teachers should not be transferred even after regularization of their services as General Line Teachers. This condition in the policy violates the provisions of J&K Educational (Subo-rdinate) Service Recruitment Rules 1992, more particularly, section 3 Sub- Clause (VIII) which defines a District Cadre. Justice Sunil Hali after hearing the petitioners and the respondents observed that the basic eligibility for such an appointment after their regularization as General Line Teachers is defined on the basis of their basic pay, as also the district where they are located. Their status is determined as General Line Teachers under the provisions of J&K Educational (subordinate) Service Recruitment Rules. Therefore, their transfer is to be made under the rules of 1992 which envisage that transfers can be effected within the cadre i.e. district cadre. Inter-district transfer can also be permitted with the prior approval of the administrative department. Condition No 6 of the transfer policy (ReT) teacher shall not be transfer even after the regularization of their services as teacher as their appointment is school specific) contravenes Rules 17 of the rules 1992, which clearly provides for transfer within the cadre after their regularization as General Line Teacher, they loose the status of Rehbar-e-Taleem teacher and are not governed by the policy regulating the appointment of ReT Teachers. The court observed that condition No. 6 of the transfer policy was ultra viires of the Rules and the same shall stand quashed. ---JNF
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
|
|
STOCK UPDATE |
|
|
 |
| BSE
Sensex |
 |
| NSE
Nifty |
|
|
| |
CRICKET UPDATE |
|
|
|
|
| |
| |
|
|
| |
|
|
|
|
| |
|
|
|
|
|
|
|
|
|
|
|
|
|
