Jammu & Kashmir High Court
Sher-E-Kashmir University Of vs Dr. Moti Lal Bhat on 18 September, 2023
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Reserved on 05.09.2023
Pronounced on 18.09.2023
LPA No.57/2022
1. Sher-e-Kashmir University of
Agricultural Sciences and Technology,
Kashmir (SKUAST-K)
Shalimar, Srinagar,
through its Registrar
2. The Vice Chancellor,
Sher-e-Kashmir University of
Agricultural Sciences and Technology,
Kashmir (SKUAST-K)
Shalimar, Srinagar. .....Appellants
Through: Mr. Anuj Dewan Raina, Advocate
versus
Dr. Moti Lal Bhat,
S/o Sh. K.L. Bhat,
R/o Dharbagh, Harwan, Kashmir
At Present: 4-Mohinder Nagar, Jammu. .....Respondent(s)
Through: Mr. R.K. Gupta, Sr. Advocate, with Mr.
Udhay Bhaskar, Advocate
HON'BLE MR. JUSTICE TASHI RABSTAN, JUDGE
Coram:
HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
Tashi Rabstan - J
1. This Letters Patent Appeal is directed against the judgment and order
dated 22.03.2022 delivered by the learned Single Judge in SWP No.1030/2016,
whereby the learned Single Judge allowed the writ petition holding the writ
petitioner-Moti Lal Bhat entitled to the benefit of promotion to the post of
Professor-cum-Chief Scientist (agronomy) with effect from 27.07.1998 instead
of 01.05.2006 with all consequential benefits.
2 LPA 57-2022
2. Admittedly, when in SWP No.1748/2005, filed by the writ petitioner-
Moti Lal Bhat, the Writ Court vide judgment dated 11.09.2009 directed the
writ respondents-University to consider the case of writ petitioner for
promotion under Career Advancement Scheme, the writ respondents-
University issued order dated 08.06.2012 thereby according promotion to the
writ petitioner-Moti Lal Bhat against the post of Professor-cum-Chief Scientist
(Agronomy) with effect from 01.05.2006. Feeling aggrieved, the writ
petitioner-Moti Lal Bhat challenged the order dated 08.06.2012 in SWP
No.1030/2016 claiming that instead of 01.05.2006 he was entitled to be
promoted with effect from 28.07.1998. The learned Single Judge vide
judgment dated 22.03.2022 allowed the writ petition and the writ petitioner
was held entitled to the benefit of promotion to the post of Professor-cum-
Chief Scientist (agronomy) with effect from 27.07.1998 instead of 01.05.2006
with all consequential benefits on the analogy of one Dr. Mohd. Sidique. The
arrears were also directed to be payable to the writ petitioner at the rate of
6.5% per annum with effect from 27.07.1998 till the same are actually released
in his favour. Hence, the present appeal on behalf of Sher-e-Kashmir
University of Agricultural Sciences and Technology.
3. Heard learned counsel appearing for the parties, considered their rival
contentions and perused the appeal file.
4. Admittedly, the writ respondent-University has not denied the eligibility
of writ petitioner for promotion to the post of Professor under Rule 2.5 of the
University Statutes. In the appeal it is also specifically admitted by the
respondent-University that the writ petitioner was holding the migrant status
since the year 1990 and he remained associated with teaching and research at
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Research Stations, Jammu with effect from 01.11.1991 till 05.01.2001 as
averred in ground-IV of the appeal. Therefore, we do not find any force in the
argument of learned counsel for appellants and as projected in ground-IX of
the appeal that the writ petitioner was not actively involved in teaching,
research and extension education activities. As such we are in full agreement
with the findings of learned Single Judge that the case of writ petitioner was
similarly situated with that of one Dr. Mohd. Sidique. Even the writ
respondent-University has admitted that the selection committee had
recommended the name of writ petitioner for his promotion as Professor/Chief
Scientist under Career Advancement Scheme.
5. The only ground taken by the writ respondent-University objecting the
promotion of writ petitioner against the post of Professor/Chief Scientist with
effect from 27.07.1998 is that in terms of Government Communication
No.GAD(Adm) 2014/200-1 dated 29.03.2001 the writ petitioner did not report
back for duties at the valley after his name was cleared by the selection
committee for promotion.
6. Communication dated 29.03.2001 specifically provides that such
migrant employees who are cleared by the concerned DPCs are entitled to the
benefit of promotion only if they join their new places of posting in the Valley
against which they have been so promoted; meaning thereby only after getting
promotion such migrant employees were required to join at their new place of
postings in the Valley. In the present case although the name of writ petitioner
had been cleared by the DPC, but his promotion order had yet not been issued.
Once the promotion order of writ petitioner had not been issued or he had not
been given promotion to the post of Chief Scientist, then how it could be
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expected from the writ petitioner to join at his new place of posting in the
Valley against a promotional post in the absence of any promotion order. It
seems the appellants herein well understand the meaning and essence of
Government Communication dated 29.03.2001 (supra), but just to deny
promotion to the writ petitioner from a retrospective date, the appellants are
taking such a clumsy plea that too when the writ petitioner himself had been
filing representations to the appellant-University showing his willingness to
serve in the Valley against the promotional post.
7. Therefore, in view of above, we are not inclined to take a view other
than the one taken by the learned Single Judge. However, since the writ
petitioner agitated the matter for the first time in the year 2005 when he filed
SWP No.1748/2005, as such we deem it proper to allow interest at the rate of
6.5% per annum on the arrears from the date SWP No.1748/2005 came to be
filed instead of 27.07.1998 as directed by the learned Single Judge. Ordered
accordingly. Judgment dated 22.03.2022 is modified only to the extent as
indicated above.
Jammu (Rahul Bharti) (Tashi Rabstan)
18.09.2023 Judge Judge
(Anil Sanhotra)
Whether the order is reportable ? Yes/No
Whether the order is speaking ? Yes/No
