SRINAGAR: The Jammu and Kashmir Government has rejected the claim of four doctors seeking retrospective promotion to the post of Professor, holding that they are not entitled to retrospective promotion, seniority or consequential service benefits under the applicable Recruitment Rules. Separately, it has approved the three-year deputation of a Medical Officer from Government Medical College (GMC), Baramulla to GMC Srinagar for Senior Residency training in Oncology.
According to Government Order No. 554-JK(HME) of 2026, dated July 17, 2026, the Health and Medical Education Department rejected the representations of Dr. Vidushi Badyal, Dr. Chander Shakher, Dr. Jamil-ul-Hussain and Dr. Zakir Hussain, who had sought retrospective promotion to the post of Professor from the dates they claimed to have become eligible.
The department noted that the doctors were appointed as Associate Professors through lateral entry in 2019 and were promoted as Professors under Government Order No. 599-JK(HME) of 2025, dated September 4, 2025, on the recommendations of the competent authority.
The order stated that although the applicants argued their promotions had been delayed due to litigation and relied on the Central Administrative Tribunal’s order dated March 20, 2025 in O.A. No. 312/2025, eligibility alone did not confer a vested right to retrospective promotion. It observed that promotions are subject to vacancies, fulfilment of prescribed conditions and recommendations of the competent authority, and cited the Supreme Court judgment in Suraj Prakash Gupta and Others v. State of JK and Others.
The government ruled that the doctors’ promotions would continue to be reckoned only from September 4, 2025, the date of issuance of the promotion order and assumption of charge, with no entitlement to retrospective promotion, retrospective seniority, arrears of pay or any other consequential benefits.
In a separate order, Government Order No. 561-JK(HME) of 2026, dated July 20, 2026, the department sanctioned the deputation of Dr. Shabir Ahmad Dar, Medical Officer, GMC Baramulla, to Government Medical College, Srinagar for a three-year tenure posting and training as Senior Resident in the Department of Oncology.
The deputation has been approved with immediate effect on standard terms and conditions. The order stipulates that Dr. Dar must have completed probation or three years of service, whichever is later, and that this should be his first tenure posting or training course during service. He will retain his lien and promotion prospects in his parent department but will have no superior claim over his seniors for promotion after completion of the tenure.
The government further warned that failure to rejoin the parent department after completion of the tenure would invite disciplinary action. It also stated that abandoning the course midway would result in withholding of two increments, a penalty of Rs 2 lakh along with recovery of the amount paid during training, and a five-year ban on participation in government-sponsored educational or training programmes.
