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J&K HC upholds CAT order on repatriation of teachers

High Court upheld Central Administrative Tribunal’s order, dismissing a plea by a group of teachers who had challenged the process linked to repatriation to their parent department after completing tenure as Wardens or Assistants Wardens in the Hostels of Gujjars and Bakerwals and the Pahari Speaking People in the J&K.
A Division Bench of Justice Ali Mohammad Magrey and Justice Sanjay Dhar also termed it as “enigmatic” the eagerness of these teachers to continue to the posts of Wardens or Assistant Wardens in these hostels and asked Tribal Affairs Department to be watchful in ensuring funds allotted for the benefit of the poor students reach them.
“It is enigmatic why should the petitioners (teachers) be so eagerly interested in sticking to the posts of Wardens / Assistant Wardens in these hostels when they belong to the School Education Department and hold substantive positions in their parent department, more so when they have completed the prescribed tenure of three years,” the court said.
“No such ground, much less plausible, is coming forth from the pleadings.” However, the court said, inferably, it is likely that since there are huge funds allocated for the benefit of the students in these hostels, incurable on their day-to-day needs.
“Some advantage might be derived there from by these teachers in their capacities as Wardens /Assistant Wardens which has induced the greed in them to hold these posts.”
“This needs to be carefully and strictly watched and checked by the Tribal Affairs Department, lest the students housed in these hostels belonging to downtrodden strata of the society should be deprived of what otherwise is provided for them on paper and is due to them.”
The teachers had challenged July 27 order passed by the Central Administrative Tribunal, Jammu Bench, dismissing their plea for continuation as wardens and assistant wardens as being devoid of any merit. On 13 March 2015 the Government had ordered a policy regarding posting of Wardens and Assistant Wardens in various Advisory Boards.

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