Consider afresh confirmation of Incharge Masters: CAT

Excelsior Correspondent
Srinagar, May 3: The Central Administrative Tribunal (CAT) has directed the Education Department to consider afresh the claim of its employees for confirmation on the posts of Masters on substantive basis.
The Division Bench of D S Mahra (J) and Prasant Kumar (A) directed the Principal Secretary to Government Education Department as also the Director School Education to issue fresh reasoned and speaking consideration order as per law and in accordance with the judgment passed by the bench in February last year.
About 150 Incharge (I/C) Masters had approached the bench seeking confirmation on the posts of Masters on substantive basis as they were promoted as Incharge Masters in the year 2014, through the various Government orders issued by the respondent-authorities under reserve categories. However, the respondents have not confirmed them against the post of Masters till date, though they are working on the post for the last ten years.
The bench while considering their plea last year directed the authorities to consider the claim of these incharge Masters for confirmation on the posts of Masters on substantive basis on the same analogy as has been done with the similarly situated Incharge Masters working in Jammu Division.
The authorities in compliance of the last year’s order passed a consideration order in the month of August last year but the counsel representing the aggrieved employees submitted before the court that the same needs to be discarded as the order has not considered the case of the applicants in tune with the similarly situated I/c Masters case in Jammu, as reflected in this Tribunal’s order dated 22.2.2024.
The CAT bench after perusal of the consideration order said the same reveals that the claim of the applicants has been rejected on the grounds of pending disposal of cases before the Supreme Court of India and observations of the General Administration Department Circular No. GAD/ MTG / RBIV/04/ 2016 dated, 21.6.2016.
“In the Consideration Order there is neither mention of consideration of the claim of the applicants on the analogy of similarly situated in-charge Masters working in Jammu Division vide Order No. 17-DSEJ of 2018, dated 4.1.2018 nor they have mentioned the date of release of charge allowance in favour of the applicants”, the CAT recorded while dealing with the contempt petition against the authorities.
The bench concluded that clearly, the respondent-authorities have not followed the orders of Tribunal in its letter and spirit and accordingly directed them to consider issue a fresh, reasoned and speaking consideration order as per law and in accordance with the judgment passed by this Tribunal on, within a period of four weeks from the date a copy of this order is served upon them.

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