Rajesh Gupta
Jammu, July 29: In a landmark judgment passed in OA No. 61/957/2027, protecting the rights of faculty members engaged on academic arrangement basis, the Central Administrative Tribunal (CAT), Jammu Bench has quashed the order issued by the Principal & Dean, Government Medical College (GMC), Jammu, which had denied remuneration to academic arrangement faculty during notified summer and winter vacations.
The judgment was delivered by the Administrative Member, Sh. Ram Mohan Johri in a case filed by 22 faculty members of Government Medical College, Jammu and its associated hospitals.
The applicants were represented by Senior Advocate Mr. Sunil Sethi, assisted by Advocate Mr. Kunal Saini.
The applicants had challenged Order No. 131 of 2025 dated 18 June 2025, whereby faculty members engaged under the Jammu & Kashmir Medical and Dental Education (Appointment on Academic Arrangement Basis) Rules, 2020, were permitted to avail summer vacations but were declared ineligible for remuneration during the vacation period.
The Tribunal further observed that the Principal & Dean, GMC Jammu, had no authority to override a Government policy through an administrative order. It held that institutional vacations form part of the academic calendar and cannot be treated as ordinary leave.
Since the faculty members continue to remain under engagement during the vacation period, denial of remuneration was held to be legally unsustainable.
Relying upon the Supreme Court's decision in Rattan Lal v. State of Haryana, the Tribunal reiterated that the State, as a model employer, cannot deny salary to teaching staff during institutional vacations merely because they are engaged on an academic arrangement basis while performing duties identical to those of regular faculty.
The Tribunal has directed the respondents to release the withheld remuneration to the applicants within 12 weeks; and continue payment of remuneration during future notified summer and winter vacations so long as the faculty members continue under engagement, unless the statutory framework is lawfully amended.
The judgment is expected to have far-reaching implications for academic arrangement faculty serving in Government Medical Colleges across the Union Territory of Jammu & Kashmir by reaffirming the principles of equality, fairness, and protection against.
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