Srinagar, Oct 20: Noting that higher studies pursued without official permission do not entitle the Government employee to salary under Civil Service Regulations, the High Court has allowed the plea of Government challenging Tribunal order whereby authorities were directed to pay salary to aggrieved medicos for the period they have undergone higher studies.
The Government through Commissioner/Secretary to Health and Medical Education Department challenged the judgment passed by the Central Administrative Tribunal whereby the Tribunal has allowed the plea of two medicos and directed the authorities to pay them salary along with allowances attached to the post of Assistant Surgeon and Medical Officer for the period they were undergoing postgraduate medical courses in the concerned Government Medical College.
The Division Bench of the High Court comprising Justice Sanjeev Kumar and Justice Sanjay Parihar held that Post-Graduate studies pursued without official deputation or permission do not entitle Government employees to salary under Article 44-A of J&K Civil Service Regulations.
We would like to impress upon the Government to ensure compliance and put in place a proper mechanism to regulate such cases & ensure that in the cases where an employee or doctor abandons his services and remains unauthorizedly absent even for pursuing higher courses of study beneficial to his/her job is treated as delinquent employee and proceeded in disciplinary proceedings.
Such employees, who are undergoing higher courses at the time of their appointment or selected subsequently for such courses, may apply to the employer for permission to undergo these courses, which shall be governed by the mechanism to be put in place by the Government, as directed by the court. It would mitigate the difficulties of such employees and also foster discipline in service & DB set aside the impugned judgment passed by the Tribunal .
It is to mention here that even recently DB dismissed WPs titled Asif Iqbal in WP(C) 2001/2024 c/w (i) WP(C) 2006/2024, (ii) WP(C) 2018/2024
(ii) WP(C) 2018/2024 (iii) WP(C) 2369/2024 filed by Engineers by DB of HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE.
in order dtd 19.11.2024 dismissed all petitions of such qualifidies & thereafter SLP filed by an Engineer Vijay Kumar vide No Petition(s) for Special Leave to Appeal (C) No(s). 11053/2025 [Arising out of impugned final judgment and order dated 19-11-2024
in WP(C) No. 2001/2024 passed by the High Court of Jammu & Kashmir
and Ladakh at Srinagar]
VIJAY KUMAR Petitioner(s) v/s THE STATE OF JAMMU AND KASHMIR & ORS. for his higher placement on the basis of Consentience Course against the DBs order dtd 19.11.2024 but still Govt has not acted upon such like cases, no doubts a serious issue to be looked into by Govt in such like other cases.
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