Nasrin Bano vs SCHOOL EDUCATION DEPARTMENT on 15 October 2026

ORDER

Per: - Ram Mohan Johri, Administrative Member

1. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs: - a) allow the instant original application; b) Commanding the non-applicants to issue the appointment Order of the applicant as Teacher Grade-III in terms of the Order No. 248-Edu. of 2019 dated 24.07.2019 read with Government Order No. 20-Edu of 2019 dated 22.01.2019 and Government Order No. 23-Edu. of 2019 dated 22.01.2019 and further release the salary of the applicant which has not been released since March. 2019. c) Any other writ, command, order or direction, which this Hon'ble Court may consider just and fair in the facts and circumstances of the case.”

2. The facts of the case as averred by the applicant in his pleadings, are as follows: -

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a) The brief facts of the case, as stated by the applicant in the Original Application, are that the Chief Education Officer, Doda, issued an advertisement notice published in the Daily Excelsior on 31.10.2009, inviting applications from eligible candidates for engagement as Rehbar-e-Taleem (ReT) Teachers in various schools of District Doda. The applicant, being eligible, applied for engagement as an ReT Teacher in Government Upper Primary School, Bandoga, Thathri Zone, District Doda. b) It is submitted that two posts of ReT Teachers were advertised for the said school. The applicant participated in the selection process and was selected for engagement as an ReT Teacher in the Science stream. Her name figured at Serial No. 2 in the select list dated 11.04.2012 issued by the competent authority. Thereafter, the Zonal Education Officer, Thathri, issued an engagement order dated 25.04.2012 in her favour, pursuant to which she joined her duties and started working as an ReT Teacher in Government Upper Primary School, Bandoga. c) The applicant submits that after completing five years of continuous and uninterrupted service, she became eligible for

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regularization as a General Line Teacher under the ReT scheme. Accordingly, her services were regularized with effect from 27.04.2017 as a Regularized Rehbar-e-Taleem Teacher (RReT) by the Chief Education Officer, Doda, vide Order No. CEO/D/RET/21364-65 dated 22.11.2019. d) It is further submitted that the Government of Jammu and Kashmir, with a view to resolving salary-related issues of regularized ReT Teachers working under the Sarva Shiksha Abhiyan (SSA), subsequently known as Samagra Shiksha, introduced the cadres of Teacher Grade-II and Teacher Grade- III through Government Order No. 20-Edu of 2019 dated 22.01.2019, Government Order No. 23-Edu of 2019 dated 22.01.2019 and Government Order No. 248-Edu of 2019 dated 24.07.2019. Under the said arrangement, eligible graduate RReT Teachers were to be placed in Teacher Grade-II, whereas RReT Teachers possessing 10+2 qualifications were to be placed in Teacher Grade-III. e) The applicant claims that she possesses the educational qualification of 10+2 and, therefore, is entitled to be placed in the Teacher Grade-III cadre in terms of the aforesaid

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Government Orders. However, despite her eligibility and regularization, the respondents have not issued the necessary order in her favour as Teacher Grade-III. f) The applicant further submits that she has been continuously performing her duties as a regularized ReT Teacher, but her salary has not been released since March 2019. In this regard, she has referred to the communication dated 14.09.2020 issued by the Zonal Education Officer, Thathri, relating to salary arrears of SSA/RReT Teachers working under Samagra Shiksha. Her name figures at Serial No. 2 in the said communication, which, according to her, establishes that her salary had been released only up to February 2019. g) It is the case of the applicant that the non-release of her salary is directly connected with the failure of the respondents to issue the necessary order placing her in the Teacher Grade-III cadre. She submits that all the required formalities for issuance of the said order have already been completed and her case is pending before the Zonal Education Officer, Thathri. However, the concerned authority has failed to forward her case to the higher authorities for necessary approval and issuance of the order.

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h) The applicant further states that instead of forwarding her case to the competent authority, the Zonal Education Officer constituted a committee to examine the matter. According to the applicant, there was no requirement for constitution of such a committee under the relevant Government Orders. She alleges that this exercise unnecessarily delayed the processing of her case and deprived her of the benefits to which she was otherwise entitled. i) Having received no relief from the departmental authorities, the applicant submitted a representation dated 18.10.2021 before the Deputy Commissioner, Doda, requesting intervention in the matter. The Deputy Commissioner directed the Chief Education Officer, Doda, to submit a report. The matter was thereafter forwarded to the Zonal Education Officer, Thathri, with directions to furnish the latest report within three days. However, according to the applicant, no effective action was taken either for issuance of the Teacher Grade-III order or for release of her outstanding salary. j) The applicant has also pleaded that she is the only earning member of her family and has minor children dependent upon

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her. Due to non-payment of salary for a considerable period, she and her family have been facing serious financial difficulties. She submits that she was even compelled to borrow money from her relatives to meet her daily household expenses. k) The applicant contends that despite having been duly engaged, subsequently regularized and continuously performing her duties, she has been deprived of her lawful salary without any fault on her part. According to her, the failure of the respondents to issue the Teacher Grade-III order and release her salary is arbitrary, unjustified and contrary to the relevant Government Orders. She submits that an employee who has actually discharged duties cannot be denied salary merely because the department has failed to complete the necessary administrative formalities. l) Aggrieved by the inaction of the respondents, the applicant has approached this Tribunal by filing the present Original Application under Section 19 of the Administrative Tribunals Act, 1985, seeking a direction to the respondents to issue her appointment/placement order as Teacher Grade-III in terms of Government Order No. 248-Edu of 2019 dated 24.07.2019,

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read with Government Order Nos. 20-Edu and 23-Edu of 2019, both dated 22.01.2019, and to release her outstanding salary with effect from March 2019 along with other consequential benefits.

3. The respondents have filed their written statement wherein they have averred as follows: - a) The respondents submit that during the pendency of the present Original Application, this Tribunal passed interim orders dated 01.12.2021 and 03.08.2022 directing the respondents to release the unpaid salary of the applicant, if due under the rules and provided she had actually worked under the muster rolls of the department, within the stipulated period of two weeks. b) It is submitted that pursuant to the aforesaid directions, the concerned departmental authorities, including the Chief Education Officer, Doda, and the Zonal Education Officer, Thathri, initiated the necessary process for compliance with the orders passed by this Tribunal. c) The respondents further submit that the Zonal Education Officer, Thathri, vide communication No. ZEO/T/Legal/24 dated 26.07.2022, informed the Chief Education Officer, Doda,

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that all pending dues of the applicant, including the salary for the period in question, had been released in compliance with the directions of this Tribunal. d) It is further submitted that the Chief Education Officer, Doda, thereafter issued communication No. CEO/D/Legal/W/2022/337 dated 28.07.2022, confirming that the outstanding salary and other pending dues of the applicant had been released. e) The respondents, therefore, contend that the directions issued by this Tribunal regarding payment of the applicant’s outstanding salary have been complied with and that no further grievance survives in respect of the salary dues covered by the said directions. f) The respondents have thus mainly relied upon the subsequent release of the applicant’s pending salary and have maintained that the interim directions passed by this Tribunal stand complied with.

4. Heard learned counsel for the parties and perused the pleadings made by them.

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5. The main question which arises for consideration before this Tribunal is whether the applicant, who was engaged as an ReT Teacher and subsequently regularized, is entitled to placement in the Teacher Grade-III cadre under the relevant Government Orders and whether the respondents were justified in delaying the processing of her case.

6. From the record, it is evident that the applicant was initially engaged as an ReT Teacher on 25.04.2012 and her services were subsequently regularized with effect from 27.04.2017 through an order dated 22.11.2019. These facts have not been specifically disputed by the respondents in their written statement. Thus, the applicant’s claim is not that of a person seeking a fresh appointment without having served the department. She is seeking the service benefits which, according to her, flow from her existing regularized service.

7. The applicant has placed reliance upon Government Order Nos. 20- Edu and 23-Edu of 2019 dated 22.01.2019 and Government Order No. 248-Edu of 2019 dated 24.07.2019. According to her, these orders provide for placement of eligible regularized ReT Teachers in the cadres of Teacher Grade-II and Teacher Grade-III, depending upon their qualifications and other prescribed conditions.

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8. The applicant possesses the qualification of 10+2 and claims that she falls within the category of teachers entitled to placement in Teacher Grade-III. Significantly, the respondents have not specifically denied her educational qualification, questioned her regularization or pointed out any particular disqualification which would prevent her from being placed in the said cadre.

9. We find that the written statement/compliance report filed by the respondents mainly deals with the release of the applicant’s outstanding salary pursuant to the interim directions of this Tribunal. However, the respondents have remained silent on the equally important issue of her placement in the Teacher Grade-III cadre. No order rejecting her claim has been placed on record, nor has any satisfactory explanation been furnished as to why her case was not processed to its logical conclusion.

10. It is important to understand that the release of salary and placement in the appropriate service cadre are two separate matters. Payment of outstanding salary may resolve the financial grievance of an employee for a particular period, but it does not automatically settle the question of her proper placement in the service structure. Therefore, merely because the respondents claim to have released the applicant’s

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pending salary, the entire Original Application cannot be treated as having become infructuous.

11. We are also of the view that an employee who has served the department for several years cannot be made to suffer indefinitely because of delays in processing official papers. Once the Government has framed a policy for placement of eligible employees in a particular cadre, the authorities are expected to implement that policy fairly and within a reasonable time. Administrative formalities are meant to facilitate the grant of lawful benefits and should not become a reason for withholding them without justification.

12. In the present case, the applicant was engaged in the year 2012 and her services were regularized with effect from 27.04.2017. She has approached this Tribunal because the necessary order regarding her placement in Teacher Grade-III was not issued. The respondents have not brought on record any material showing that her claim was examined and rejected on valid grounds. Such prolonged inaction cannot be approved, particularly when the applicant has already been serving the department.

13. At the same time, placement in a particular cadre must be in accordance with the conditions prescribed under the applicable

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Government Orders. The Tribunal cannot dispense with any mandatory eligibility requirement. However, where an employee satisfies the prescribed conditions, the department cannot deny the corresponding benefit merely because the necessary administrative process has remained incomplete.

14. In the facts of the present case, the applicant’s engagement, subsequent regularization and claimed educational qualification provide a substantial basis for examining her entitlement to Teacher Grade-III placement. The respondents have not disclosed any specific legal or factual impediment to such placement. We are, therefore, of the view that the applicant is entitled to a positive direction for placement in Teacher Grade-III, subject to verification of the prescribed conditions under the relevant Government Orders.

15. We also find it necessary to address the question of salary. The applicant has specifically pleaded that she continued to discharge her duties despite non-payment of salary from March 2019. The respondents, on the other hand, have stated that all pending salary dues were released pursuant to the interim orders of this Tribunal and have relied upon the communications dated 26.07.2022 and 28.07.2022.

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16. Since the respondents have stated on record that the outstanding salary has already been released, there is no need to issue a fresh direction for payment of the same amount. However, it is necessary to ensure that no admissible dues remain unpaid. If any salary arrears or consequential monetary benefits are found outstanding after proper verification, the same must be released to the applicant in accordance with the applicable rules.

17. We cannot overlook the hardship pleaded by the applicant. Salary is the means by which an employee maintains herself and her family. An employee who continues to perform her duties should not be left without her lawful remuneration merely because of administrative delays. The department has a responsibility not only to obtain work from its employees but also to ensure that their lawful service benefits are released in time.

18. In the present matter, the respondents have taken steps to release the outstanding salary after the intervention of this Tribunal. However, the issue of Teacher Grade-III placement has remained unresolved. We are of the considered view that the applicant should not be required to initiate another round of litigation merely to obtain a

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decision on a service benefit flowing from her regularization, if she otherwise satisfies the prescribed conditions.

19. Having considered the facts and circumstances of the case, we find that the applicant has made out a case for grant of appropriate relief. The respondents cannot keep her placement in Teacher Grade-III pending indefinitely without any valid reason. At the same time, the effective date of such placement and the consequential benefits must be determined strictly in accordance with the relevant Government Orders.

20. In view of the foregoing discussion, the present Original Application is disposed of with the following directions: a) The respondents shall verify the applicant’s eligibility under Government Order No. 20-Edu of 2019 dated 22.01.2019, Government Order No. 23-Edu of 2019 dated 22.01.2019 and Government Order No. 248-Edu of 2019 dated 24.07.2019, on the basis of her existing service record, educational qualification and regularization order. b) Upon verification that the applicant fulfils the prescribed eligibility conditions, the respondents shall issue the necessary order placing her in the Teacher Grade-III cadre. The

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respondents shall not withhold such placement merely on account of delay in processing or forwarding her case at the departmental level. c) The applicant shall be granted placement in Teacher Grade-III from the date on which she became entitled to such placement under the applicable Government Orders, together with all admissible consequential service benefits, including appropriate pay fixation and arrears, wherever due under the rules. d) The respondents shall verify the salary already released to the applicant pursuant to the interim directions of this Tribunal. If any admissible salary arrears or other monetary benefits remain outstanding, the same shall be calculated and released to her after adjusting the amounts already paid. e) The entire exercise, including issuance of the necessary placement order and release of any remaining admissible dues, shall be completed within a period of three months from the date of receipt of a certified copy of this order.

21. It is made clear that the applicant shall not be denied any lawful service benefit merely because the concerned departmental authorities failed to process her case within a reasonable time. However, the

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grant of benefits shall remain subject to the eligibility conditions and effective dates prescribed under the applicable Government Orders.

22. With the aforesaid observations and directions, the Original Application stands disposed of with the aforementioned directions. There shall be no order as to costs. (RAM MOHAN JOHRI) (RAJINDER SINGH DOGRA) Administrative Member

Judicial Member

/harshit /

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