The High Court has upheld Central Administrative Tribunal’s (CAT) order, dismissing a plea by a group of teachers who had challenged their repatriation to parent department after completing tenure as Wardens or Assistant Wardens in hostels of Gujjars and Bakerwals and Pahari speaking people.
While dismissing the petition of Rafaqat Ali and others, a division bench of Justice Ali Muhammad Magrey and Justice Sanjay Dhar observed that the petitioners have no right to continue to hold the posts on deputation or otherwise.
The Court termed it as “enigmatic” the eagerness of these teachers to continue at the posts and asked Tribal Affairs department to be watchful in ensuring funds allotted for the benefit of poor students reach them as was provided on paper and due to them.
The petitioners were aggrieved of a communication of General Administration department seeking from Directors School Education, Jammu and Srinagar constitution of a panel of eligible persons for posting them as Wardens and Assistant Wardens in the hostels.
Opposing the plea, senior AAG B A Dar and AAG N H Shah, on behalf of the government, said in March 2013 the government came up with a policy regarding posting of Wardens and Assistant Wardens in various Advisory Boards.
“The petitioners who were holding different level posts of teachers in School Education department were transferred and deputed to function as Wardens as Assistants Wardens in the hostels,” they said. “The policy prescribed a tenure of deputation of Wardens or Assistant Wardens for two years and in no case it was allowed beyond three years”.
“The policy promulgated by the Government clearly prescribed that the tenure of deputation of Wardens and Assistant Wardens shall be two years and in no case it shall be allowed beyond three years,” the Court said while dismissing the plea. Observing that the petitioners have completed their three years’ tenure in April this year, the Court said they do not have any right to continue to hold on to the posts.