High Court Quashes ReT Seniority Order, Upholds Merit-Based Appointments

By Ayaz Mughal

The High Court of Jammu & Kashmir and Ladakh has recently delivered a landmark judgment that is gaining a lot of attention across the education sector. The Court has set aside a government order that allowed Rehbar-e-Taleem (ReT) teachers to count their 5-year service before regularization for seniority benefits. This decision is being seen as a major victory for merit-based recruitment and the protection of rules in government jobs.

What Was the Case About?

The case was about Government Order No. 469-Edu of 2014, which gave ReT teachers the right to count their 5 years of temporary service (before they were regularized) for fixing seniority. This decision affected many General Line Teachers who were selected through the Jammu & Kashmir Services Selection Board (JKSSB) after passing competitive exams.

These General Line Teachers filed a petition, saying that the order was unfair and violated service rules. They argued that ReT teachers were not officially government employees during their temporary service period and giving them seniority over others was wrong.

What Did the Court Say?

A Division Bench of the High Court, consisting of Justice Sanjeev Kumar and Justice Sanjay Parihar, agreed with the arguments made by the General Line Teachers.

Here are the main points of the Court’s decision:

• ReT is Not a Permanent Post: ReT teachers are engaged temporarily under a special scheme and receive a small honorarium. They only become government employees after their regularization.
• Seniority Starts from Formal Appointment. As per Rule 24 of the J&K Civil Services Rules, an employee’s seniority starts from the date of their official appointment, not from a previous temporary role.
• Government Order Was Against Rules. The Court ruled that the 2014 government order violated established service rules and was unfair to those who entered the system through merit and open competition.
• Policy Must Follow Law: Even though the government intended to reward ReT teachers for their service, the Court said that policies must not break the law or harm others’ rights.

Why Is This Judgment Important?

This judgment is important for several reasons:

• It protects the rights of meritorious candidates who cleared exams and interviews.
• It sends a clear message that government appointments must follow proper procedures.
• It ensures that temporary service cannot override regular recruitment rules.
• It prevents unfair promotions and seniority advantages that harm genuine candidates.

The Court also clarified that ReT teachers can still enjoy benefits like casual leave, maternity leave, and pension adjustments. However, these benefits do not mean they can get seniority from their temporary period.

Impact of the Judgment

This High Court decision will have a long-term impact on how temporary and contractual teachers are treated in terms of seniority and promotions. It is a reminder to the government that policy decisions must be aligned with legal rules and the Constitution of India.

It will also boost the morale of thousands of qualified teachers who joined through transparent recruitment processes and were feeling sidelined by such orders.