Shrimati Rajni Bhat vs SCHOOL EDUCATION DEPARTMENT

ITEM 08 1 OA 1191 OF 2026

CENTRAL ADMINISTRATIVE TRIBUNAL
SRINAGAR BENCH, SRINAGAR
O.A. 1191/2026
th
Date of Order: 28 October, 2026
C O R A M
HON’BLE MS. JUSTICE RITU TAGORE, MEMBER(JUDL.)
HON’BLE MR. PRASANT KUMAR, MEMBER(Admn.)
Shrimati Rajni Bhat, W/O Arvind Bhat, R/O Danow
Bugund, Tehsil and District Kulgam A/P House No.
136/A, Roop Nagar Enclave, Jammu. Age: 52 years
Pincode: 180013,
…… Applicant
By Advocate :
Mr. Javeed Malik vice Mr. F A Wani
VERSUS
1. Union Territory of Jammu and Kashmir through its:
Commissioner Secretary to Government, School
Education Department Civil Secretariat Srinagar / Jammu
Pincode: 190001
2. Director School Education Kashmir Srinagar Pincode:
19001
3. Chief Education Officer Kulgam Pincode: 192231
4. Zonal Education Officer Devsar Kulgam Pincode:
192231
..….Respondents
By Advocate :-
Digitally signed by Devendra Tripathi
DN: CN=Devendra Tripathi, E=
[email protected]
Devendra
Reason: I am the author of this document
Location:
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ITEM 08 2 OA 1191 OF 2026

Mr. Satinder Singh, AAG
O R D E R (ORAL)

JUSTICE RITU TAGORE, MEMBER [JUDL.]

01. Learned counsel for the applicant submits that the
applicant was appointed as a General Line Teacher in the
year 2011 under the Prime Minister's Special Package for
Rehabilitation of Kashmiri Migrants, vide Government
Order No. 301-EDU/2011 dated 03.06.2011, and was
adjusted in Government Middle School, Dardpora, against
the additional post of Teacher created vide Government
Order No. REV/MR/147/09 dated 28.10.2010. It is
submitted that, while in service, the applicant sought
permission to pursue an M.Sc. degree in Environmental
Sciences through regular mode, pursuant to which the
matter was taken up with the respondents for issuance of
the requisite No Objection Certificate and
recommendations. The applicant thereafter pursued and
completed the said postgraduate programme and, upon
returning in 2017, submitted an application seeking
permission to resume her duties on 12.04.2017, which was
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ITEM 08 3 OA 1191 OF 2026

allowed by the concerned authority. However, the
applicant was subsequently informed that she had been
placed under suspension on account of her absence from
duty from 2015 onwards without formal sanction of study
leave. It is further submitted that, upon consideration of
her representation, the Chief Education Officer
recommended that the intervening period be regularized
by treating it as leave of whatever kind due. Subsequently,
pursuant to the recommendations of the designated
committee, the applicant was permitted to join her post
vide Order No. DSEK/ESTT/III/B-Trs/M2/95/021/1450
dated 28.08.2021, with the intervening period being
considered for adjustment against leave of whatever kind
due.
02. Learned counsel further submits that, despite having
completed more than twelve years of service, the
applicant has not been granted the benefit of time-bound
promotion, appropriate pay fixation and consequential
arrears. It is contended that the applicant has submitted
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ITEM 08 4 OA 1191 OF 2026

several representations to the respondents seeking the
aforesaid service benefits, particularly in the light of the
directions issued by the Administrative Department vide
Memo No. EDU-HRM/61/2023-01 dated 22.01.2024, but
no decision has been communicated to her till date. The
applicant, therefore, seeks appropriate directions for
consideration of her claim for re-fixation of pay, grant of
time-bound promotion and release of consequential
arrears in accordance with the applicable rules and
instructions.
03. However, after arguing the matter for some time, learned
counsel for the applicant submits that the ends of justice
would be adequately served if a direction is issued to the
respondents to treat the present Original Application as a
representation and consider the applicant's claims for re-
fixation of pay, grant of time-bound promotion and
release of consequential arrears, along with the documents
annexed thereto, strictly in accordance with law within a
stipulated period.
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DN: CN=Devendra Tripathi, E=
[email protected]
Devendra
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Location:
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ITEM 08 5 OA 1191 OF 2026

04. Mr. Satinder Singh, learned AAG, appearing pursuant to
the advance notice served by learned counsel for the
applicant, submits that the present Original Application
may be disposed of with appropriate directions, without
prejudice to the rights and contentions of the parties.
05. Heard learned counsel for the parties and perused the
record.
06. Having considered the submissions made at the Bar and
the material placed on record, this Tribunal is of the
considered opinion that no useful purpose would be
served by keeping the present Original Application
pending, particularly in view of the limited prayer made
on behalf of the applicant.
07. Accordingly, without expressing any opinion on the
merits of the controversy, the present Original Application
is disposed of with a direction to the respondents to treat
the Original Application as a representation and consider
the applicant's claims for re-fixation of pay, grant of time-
bound promotion and release of consequential arrears,
Digitally signed by Devendra Tripathi
DN: CN=Devendra Tripathi, E=
[email protected]
Devendra
Reason: I am the author of this document
Location:
Date: 2026.10.29 14:13:49+05'30'
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Tripathi

ITEM 08 6 OA 1191 OF 2026

together with the documents annexed thereto, strictly in
accordance with the applicable rules, regulations,
government instructions and the law governing the field,
subject to the applicant fulfilling the requisite eligibility
and entitlement and there being no legal impediment in
doing so.
08. The respondents shall pass a detailed, reasoned and
speaking order within a period of ten weeks from the
date a certified copy of this order is served upon them.
09. It is made clear that this Tribunal has not expressed any
opinion on the merits of the claims raised by the applicant,
and all questions of fact and law are left open to be
considered and decided by the competent authority.
10. With the aforesaid directions, the Original Application
stands disposed of. Consequently, all connected
miscellaneous applications, if any, shall also stand
disposed of.
11. No order as to costs.
12. Registry shall consign the file to the Record Room after
Digitally signed by Devendra Tripathi
DN: CN=Devendra Tripathi, E=
[email protected]
Devendra
Reason: I am the author of this document
Location:
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ITEM 08 7 OA 1191 OF 2026

due compliance.


PRASANT KUMAR (JUSTICE RITU TAGORE)
Member(Admn.) Member(Judl.)


28-10-2026

DEVENDRA TRIPATHI




Digitally signed by Devendra Tripathi
DN: CN=Devendra Tripathi, E=
[email protected]
Devendra
Reason: I am the author of this document
Location:
Date: 2026.10.29 14:13:49+05'30'
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Tripathi