Denied appointment: CAT directs SED to consider retired Bandipora teacher’s OPS claim within 6 weeks

Srinagar: The Central Administrative Tribunal (CAT), Srinagar Bench, has directed the School Education Department to consider the claim of a retired teacher seeking retrospective and notional engagement from the year 2000 to determine his entitlement under the Old Pension Scheme (OPS).

A Division Bench comprising Judicial Member Justice Ritu Tagore and Administrative Member Dr Chhabilendra Roul passed the order in an Original Application filed by Ghulam Hassan Mir, a resident of Mangnipora, Bandipora.

The applicant submitted through advocate Ishtiyaq A Mir that he had secured 1,018 marks in the Rehbar-e-Taleem (ReT) selection process conducted in the year 2000, whereas a candidate securing only 879 marks was illegally engaged in his place. Following his departmental challenge and subsequent inquiry by the Directorate of School Education, Kashmir, the authorities acknowledged the irregularity and accommodated the applicant as an ReT/Third Teacher at Primary/Middle School, Turkpora, in October 2007.

Mir was later regularised and inducted into the General Line Teaching Service in December 2012 before retiring from active service on June 30, 2025. However, despite departmental communications by the Zonal Education Officer, Quilmuqam, in 2011 affirming his higher merit from the 2000 selection, the department treated him under the New Pension Scheme (NPS) instead of the pre-2010 Old Pension Scheme.

The applicant pleaded that he was not seeking actual back wages for the intervening period, but claimed notional seniority, qualifying service, and coverage under the Old Pension Rules, citing High Court precedents including Shabir Ahmad Mir v State of J&K.

Disposing of the application at the admission stage without going into the merits, the Tribunal directed the competent authorities to treat the plea as a formal representation.

The Tribunal ordered the School Education Department to examine whether the applicant is similarly situated with established judicial precedents and decide his claim strictly in accordance with governing rules and eligibility by passing a detailed, reasoned, and speaking order within six weeks.

Advocate Asif Maqbool and Additional Advocate General Satinder Singh appeared for the respondents.