Jammu and Kashmir High Court Upholds Promotion Rights of Migrant Professors

Court dismisses appeal by Sher-e-Kashmir University, affirms retrospective promotions under Career Advancement Scheme

In a significant judgment, the Jammu and Kashmir High Court has upheld the promotion rights of migrant professors under the Career Advancement Scheme (CAS), dismissing an appeal by Sher-e-Kashmir University of Agricultural Sciences and Technology (SKUAST). The court has quashed conditions that restricted promotions to be effective only from the date of active service joining, directing that promotions should reflect the dates when the professors became eligible, irrespective of their migrant status.

The case revolved around the promotions of Dr. Robinder Nath Koul and other respondents, who had migrated due to militancy but later resumed their duties. Initially, their promotions were conditional, taking effect only from 2009, the year they rejoined active service at SKUAST, Kashmir. This condition was imposed by the Screening Committee, despite the Selection Committee and the Board of Management’s (BOM) recommendations for retrospective promotions based on the CAS guidelines.

The respondents contested this condition, citing the case of Dr. Wali Ullah, a similarly situated professor who received retrospective benefits. The High Court found no valid distinction between the cases of Dr. Ullah and the respondents, noting that the appellants failed to justify the differential treatment.

The appellants argued that the respondents were not in active service, a contention the court found unsubstantiated. The court emphasized the CAS guidelines, which mandate uniform application to similarly situated employees, and deemed the Screening Committee’s conditions arbitrary and lacking statutory authority.

The High Court, led by Chief Justice Arun Palli and Justice Rajnesh Oswal, concluded that the appellants failed to present a compelling case for altering the writ court's decision. The appeal was dismissed, and the court upheld the writ petition's directive for retrospective promotions, ensuring equitable treatment for the respondents.

Bottom Line:

Promotions under the Career Advancement Scheme (CAS) must be applied uniformly to similarly situated employees without arbitrary conditions.

Statutory provision(s): Career Advancement Scheme (CAS) for Teachers, SKUAST Act.

Sher-e-Kashmir University of Agriculture Sciences and Technology v. Dr. Robinder Nath Koul, (Jammu And Kashmir)(DB) : Law Finder Doc Id # 2821188