It is a fact that about forty thousand RET teachers working under SSA are denied and deprived of their right of benefits of 7th Pay Commission when after regularisation they have lost status of RET and are as good as general line teachers as per the standing government orders particularly the basic order vide number 396 of edu 2000 dated 28 04 2000 (RET Scheme).
in 2008 then chief minister Ghulam Nabi Azad passed the orders for inclusion of the honorarium service of five years for pensionory benefits (in the service records of RET teachers) and in 2014 the state government passed the cabinet decision to include the honararium service for seniority and other benefits. The order was however challenged in the honourable High Court of J&K.
The High Court thoroughly observed and interpreted the RET scheme and the rules pertaining to the teachers as per CSR, upheld the cabinet decision and disposed of the case within six months. So there leaves no scope for discrimination and injustice.
The government claims that about forty thousand posts were not created with the concurrence of planning and finance departments under SSA and these posts are off record. The state government faces financial crises to manage the salaries of this lot of teachers.
The creation of about 40,000 posts of teachers which has become bone of contention for the state government and it has to find the substantive vacancies of teachers to adjust such a big number!
Under contractual system of SSA the state government receives the funding from MHRD as 90% of {RS 3000 for unregularized RETs, RS. 30,000 of regularised RETs (RRT) and RS.46,000 for head teachers}. in this way if an amount of RS. 30,000 is considered as a mean and it comes an amount of Rs. 27,000 as 90%. If state govt. provides benefit of 7th pay commission then about Rs 40,000 is due to a regularised teacher hence the difference is 13,000 i.e roughly 30% to be borne by state government which is not a big deal.
SOLUTION: Matter of the fact is that the number of primary schools are established with good infrastructure and best enrolment under SSA with the two posts of teachers and two additional teachers and a head teacher (general line teacher adjusted by way of promotion) in upper primary schools. The 90% funding is being provided by MHRD but for the fixed rates and apart from that as per the normal pay scale under 7th Pay Commission the ratio drops from 90% to 70% (central governments share) and the state government share rises from 10% to 30%.
The department of education should take the matter to the cabinet through proper channel with concurrence from planning and finance departments and government has enough power to pass the decision” that the schools are well established and the teachers are already appointed and to greater extent the funds are provided by central government hence, these posts of teachers and head teachers stand created retrospectively. In this way the issue of creation as well as finances will get resolved.
Bashir Ahmad Dar
J&K Rehbar-e-Taleem Teachers Forum
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