The Union Territory challenged tribunal relief granting an education officer retrospective promotion by reference to his immediate junior.
Judge / Bench — Hon’ble Mr. Justice Sanjeev Kumar, Judge; Hon’ble Mr. Justice M A Chowdhary, Judge. Order by Sanjeev Kumar, J.
It argued that his failure to join an earlier in-charge posting defeated that claim, although withdrawal of the in-charge promotion had already been quashed. Upholding the tribunal, the Division Bench recognised promotion as Chief Education Officer from 1 December 2003 and Joint Director from 16 May 2006, corresponding to the junior’s substantive promotions. It maintained the separate restriction that higher salary was payable only for periods when the officer actually discharged the higher duties. Dismissing the writ petition, the Jammu & Kashmir and Ladakh High Court thus distinguished retrospective promotional status from monetary benefits; practitioners should not read the result as an unrestricted award of arrears.
Case — Union Territory of J&K and Another v. V.K. Kandhari · WP(C) No. 1070/2026 · 2026-10-14 · Jammu wing
Advocates appearing — Petitioners-UT — Mr. Raman Sharma, AAG (Sr. Adv.), with Ms. Saliqa Sheikh, Advocate. Respondent — Mr. Sudesh Sharma, Advocate.