A Division Bench of the Jammu & Kashmir and Ladakh High Court dismissed the Government’s challenge to notional Lecturer and Senior Lecturer benefits awarded to a teacher whose eligible junior had been advanced first.
Judge / Bench — Hon’ble Mr. Justice Sanjeev Kumar and Hon’ble Mr. Justice MA Chowdhary, Judges
The sole departmental objection was that his MA Sociology through distance mode had been acquired without prior employer permission. A Government policy granting post-facto permission to School Education employees who obtained higher qualifications during service made selective denial untenable. The Tribunal’s relief was therefore upheld, expressly subject to verification of the degree. Actual monetary benefits remained governed by the Tribunal’s directions tied to assumption of charge; the decision does not award unrestricted retrospective salary. Counsel should place the applicable permission policy and seniority comparison on record and separately address qualification verification.
Case — UT of J&K and another v. Kulwant Singh and another · WP(C) No. 3225/2026 · 2026-10-12 · Jammu wing
Advocates appearing — Petitioners — Mr. Raman Sharma, AAG, with Ms. Saliqa Sheikh, Advocate. Respondents — Mr. Sheikh Najeeb, Advocate.