J&K HC: Departmental Delays In Appointments Will Not Affect Promotion Eligibility

The Jammu and Kashmir and Ladakh High Court has decided that direct recruits whose appointments were delayed due to departmental negligence are entitled to be considered as having been appointed from the date other candidates in the same selection process were appointed. This ruling ensures that their eligibility for promotions is not adversely affected by the delay.

Srinagar: The Jammu and Kashmir and Ladakh High Court has ruled that direct recruits whose appointments are delayed due to departmental negligence are entitled to retrospective appointments and promotion eligibility from the date other candidates from the same selection process were appointed.

Justice Javed Iqbal Wani emphasised that fairness dictates that individuals should not suffer due to administrative delays. He noted that if an appointment is delayed because of departmental errors, the candidate should not be disadvantaged compared to peers, who were appointed on time.

The case involved Dr Afaq Ahmad Khan applied for an assistant professor position at the Sheri-Kashmir Institute of Medical Sciences (SKIMS) in 2015. Although he was selected, his appointment was delayed until November 27, 2019, due to a miscalculation of his marks, while his peers were appointed in October 2018. Khan sought retrospective effect to align his appointment and promotion eligibility with his peers. SKIMS had initially granted a notional effect, but later declared him ineligible for promotion due to insufficient service period and publications.

Khan, represented by advocate Salih Pirzada, contested the decision, arguing that the delay was not his fault and should not affect his seniority and promotion prospects. The court supported his case, citing the Supreme Court's ruling in C Jayachandran vs State of Kerala, and ordered Khan’s appointment be backdated to October 3, 2018, with his seniority and promotion eligibility restored.