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Judgment
JUSTICE RITU TAGORE, MEMBER [JUDL.]
Learned counsel for the applicant submits that the applicant was appointed as a General Line Teacher in the year 2011 under the Prime Minister's Special Package for Rehabilitation of Kashmiri Migrants, vide Government Order No. 301-EDU/2011 dated 03.06.2011, and was adjusted in Government Middle School, Dardpora, against the additional post of Teacher created vide Government Order No. REV/MR/147/09 dated 28.10.2010. It is submitted that, while in service, the applicant sought permission to pursue an M.Sc. degree in Environmental Sciences through regular mode, pursuant to which the matter was taken up with the respondents for issuance of the requisite No Objection Certificate and recommendations. The applicant thereafter pursued and completed the said postgraduate programme and, upon returning in 2017, submitted an application seeking permission to resume her duties on 12.04.2017, which was allowed by the concerned authority. However, the applicant was subsequently informed that she had been placed under suspension on account of her absence from duty from 2015 onwards without formal sanction of study leave. It is further submitted that, upon consideration of her representation, the Chief Education Officer recommended that the intervening period be regularized by treating it as leave of whatever kind due. Subsequently, pursuant to the recommendations of the designated committee, the applicant was permitted to join her post vide Order No. DSEK/ESTT/III/B-Trs/M2/95/021/1450 dated 28.08.2021, with the intervening period being considered for adjustment against leave of whatever kind due.
Learned counsel further submits that, despite having completed more than twelve years of service, the applicant has not been granted the benefit of time-bound promotion, appropriate pay fixation and consequential arrears. It is contended that the applicant has submitted several representations to the respondents seeking the aforesaid service benefits, particularly in the light of the directions issued by the Administrative Department vide Memo No. EDU-HRM/61/2023-01 dated 22.01.2024, but no decision has been communicated to her till date. The applicant, therefore, seeks appropriate directions for consideration of her claim for re-fixation of pay, grant of time-bound promotion and release of consequential arrears in accordance with the applicable rules and instructions.
However, after arguing the matter for some time, learned counsel for the applicant submits that the ends of justice would be adequately served if a direction is issued to the respondents to treat the present Original Application as a representation and consider the applicant's claims for re-fixation of pay, grant of time-bound promotion and release of consequential arrears, along with the documents annexed thereto, strictly in accordance with law within a stipulated period.
Mr. Satinder Singh, learned AAG, appearing pursuant to the advance notice served by learned counsel for the applicant, submits that the present Original Application may be disposed of with appropriate directions, without prejudice to the rights and contentions of the parties.
Heard learned counsel for the parties and perused the record.
Having considered the submissions made at the Bar and the material placed on record, this Tribunal is of the considered opinion that no useful purpose would be served by keeping the present Original Application pending, particularly in view of the limited prayer made on behalf of the applicant.
Accordingly, without expressing any opinion on the merits of the controversy, the present Original Application is disposed of with a direction to the respondents to treat the Original Application as a representation and consider the applicant's claims for re-fixation of pay, grant of time-bound promotion and release of consequential arrears, together with the documents annexed thereto, strictly in accordance with the applicable rules, regulations, government instructions and the law governing the field, subject to the applicant fulfilling the requisite eligibility and entitlement and there being no legal impediment in doing so.
The respondents shall pass a detailed, reasoned and speaking order within a period of ten weeks from the date a certified copy of this order is served upon them.
It is made clear that this Tribunal has not expressed any opinion on the merits of the claims raised by the applicant, and all questions of fact and law are left open to be considered and decided by the competent authority.
With the aforesaid directions, the Original Application stands disposed of. Consequently, all connected miscellaneous applications, if any, shall also stand disposed of.
No order as to costs.
Registry shall consign the file to the Record Room after due compliance.