Jammu, Apr 21: In compliance to WP(C) No. 1582/2021 titled Mohd. Nisar V/s UT of J&K and others., DSEJ vide order No 134.DSEi Of 2026Dated-.20.04.2025 6ordered as under:-
Whereas, in the year 2004, EGS Centre, Nakar Dharati was established in village Dharati by SSA authorities on the recommendation of the concerned VEC and later on upgraded to the level of Primary School.
In the said EGS Centre, one Rizwana Kousar was engaged as EV on the recommendation of the VEC Dharati. However, she worked there w.e.f. 25.09.2004 to 24.09.2006; and
Whereas, Mtr. Rizwana Kouser served as EV in said Centre for one and half year and thereafter, joined another job as contractual teacher in Government, MS, Dharati where she worked w.e.f 12.09.2006 to 31.03.2007 and she also got the honorarium for a period of six Month; and
Whereas, petitioner namely Mohd Nisar was initially engaged as EV in the 2004 on 24.12.2004 by the then Zonal Education Officer, Balakote in EGS Centre Moh. Pura Dhargloon. The said EGS Centre Moh. Pura, where Mohd Nisar was working as EV was not upgraded to the level of Primary School, as the centre was not feasible for up-gradation from EGS to PS.
Therefore, the said centre was merged with PS, Nakar Dharati; and Whereas, meanwhile, vide No. ZEB/52 dated 31.05.2007, the then ZEO, Balakote has re-engaged Mtr. Rizwana Kouser as EV in the said EGS Centre.
In-between, vide Order No. ZEO/431-32 dated 04.02.2009, Mohd Nasar came to be formally engaged and posted as ReT in upgraded EGS Centre PS, Nakar Dharati; and Whereas, thereafter, Rizwana Kousar has approached the Hon'ble High Court by way of filing SWP No. 111/2010 seeking conversion/regularization as ReT.
However, the Hon'ble Court on 16.10.2012 disposed of the aforementioned writ petition with the direction to the respondents to accord her the same treatment as had been accorded to the similarly situated candidates; and
Whereas, after afore direction of the Hon'ble Court, the then Zonal Education Officer, Balakote vide Order No. ZEOB/SSA/319-21 dated 19.06.2013 converted Mtr. Razwana Kousar from EV to ReT and directed to work in PS, Nakar Dharti; and Whereas, in between, Mtr. Razwana Kausar has again approached the Hon'ble High Court by way of filing two separate writ petitions bearing SWP No. 2424/2013 and SWP No. 2437/2015 and the grievance of the petitioner was primarily twofold:-
"i) that respondent No.5 who was never engaged as EV in EGS Nakar Dharati could not have been converted as RET in the upgraded Primary School Nakar Dharati; and
ii) that petitioner, who was engaged as EV in the aforesaid school/centre was entitled to be converted into RET on the upgradation of the centre into a Primary School.
More so, when this Court while disposing of writ petition, SWP No. 111/2010 vide its order dated 16.10.2012 had specifically directed so.
" Whereas, the Hon'ble High Court on 05.06.2018 disposed of the aforementioned SWP(s) with the following direction/order:- \'In view of the aforestated facts, I find substance in the writ petition. Accordingly, the same is allowed.
The appointment/adjustment of respondent No. 5 as FIET in upgraded Primary School, Nakar Dharati issued by respondent No. 4 vide his No. ZEO/431032 dated 04.02.2019 is quashed.
The respondents are directed to treat the petitioner as having been converted|appointed as FIET in upgraded Primary School, Nakar Dharati with effect from 19.06.2013, i.e., date when the petitioner was directed to work as surplus RET En Zone, Balakote by the respondent No. 4 vide his No. ZEOB/SSA/319-20 dated 19.06.2013 with all consequential benefits."
Whereas, after above said direction, Mohd Nisar has preferred an appeal against the order dated 05.06.2018 bearing LPA No. 77/2018 titled Mohd Nisar V/s State of j&K and others. However, the Hon'ble High Court on 11.07.2018 dismissed the LPA with the following direction/order:- ``Submission is allowed and the appeal -is, accordingly, dismissed as withdrawn wit liberty as prayed for."
Whereas, vide Order No. ZEO/Bkt/418-20 dated 09.09.2019, the then ZEO, Balakote has directed Mohd Nasar to work as surplus till further direction of Higher authority and his salary as ReT has been regularly drawn from Govt. PS Dharati (w.e.f. April 2008 to Feb. 2019) and Govt. GMS, Hissab (w.e.f. March 2019 to Sept. 2022).Vide Order No. 970- DSEj of 2021 dated 13.11.2021 (S. No. 03, District Poonch), Mtr. Razwana Kausar has been regularized as RRET teacher w.e.f. 19.06.2018; and
Whereas, meanwhile, Mohd Nasar again approached the Hon'ble High Court by way of filing writ petition bearing WP(C) No. 1582/2021, seeking a direction to the respondents to consider his claim for conversion of services as Rehbar-e-Taleem from EV and further release of the salary in favour of him.
However, the Hon'ble High Court on 10.08.2021 disposed of the aforementioned writ petition with the following direction:-
"Having regard to the grievance of the petitioner and relief sought, this petition is disposed of with a direction. to the respondents to consider the claim of the petitioner under rules and in accordance with law.
Disposed of.
" Whereas, the case file of the petitioner namely Sh. Mohd Nisar was placed before the ReT Regularization Committee in its meeting held on 18.02.2026, wherein the claim of the applicant was examined and discussed threadbare in light of the available service record, relevant orders, and applicable rules governing regularization of Rehbar-e-Taleem (ReT) teachers and also the report submitted by the CEO Poonch in the matter.
After detailed scrutiny and careful consideration of the record, the Committee observed that vide Order No. ZEO/Bkt/418-20 dated 09.09.2019, the then ZEO, Balakote had directed the petitioner to work as surplus teacher, thereby clearly recognizing and protecting his continuous engagement and service status under the ReT arrangement.
It was further noted that the salary of the petitioner as ReT teacher has been continuously and uninterruptedly drawn against Government Primary School Dharati for the period w.e.f. April 2008 to February 2019 and thereafter against Government GMS Hissab for the period w.e.f. March 2019 to September 2022, which prima facie establishes his continuous engagement and rendering of service without any break.
The Committee o took notice of the fact that similarly situated teacher, namely Smt. Razwana Kausar, has already been regularized as RReT teacher vide Order No. 970-DSEj of 2021 dated 13.11.2021 (S. No. 03, District Poonch) with effect from 19.06.2018.
As such, in view of the aforesaid admitted factual position, documentary record, the Committee has observed and approved the regularization of the petitioner as ReT teacher.
Now, in backdrop of aforementioned facts and circumstances and in compliance with the order dated 10.08.2021 passed by the Hon'ble High Court WP(C) No. 1582/2021 and the decision taken by the RET regularization committee, the petitioner namely Mohd Nasar, ReT Reacher, Zone Balakote, District Poonch is hereby regularized as RRET teacher w.e.f. 04.02.2014.
Accordingly, Chief Education Officer, Poonch is directed to issue formal regularization order in favour of the petitioner namely Mohd. Ni.sar, after fulfilling all the requisi.te formalities required under rules.
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