CAT modifies order clearing way for promotions against posts of associate professor, professor in GMC

In a significant order, a Bench of Central Administrative Tribunal, Jammu comprising Member(J) Rajinder Singh Dogra and Member(A) Ram Mohan Johri modified its earlier order dated January 29th, 2025 whereby the process of promotion against all faculty positions in all the departments/disciplines of GMC, Jammu had been stayed.

The CAT Bench at Jammu after hearing Advocate Sheikh Shakeel Ahmed appearing for ten aggrieved members of various faculties of GMC, Jammu who had sought modification of CAT Order dated January 29th, 2025 whereas Sr. Advocate Abhinav Sharma for the applicants (Petitioners) and AAG Sudesh Magotra appearing for Health and Medical Education Department modified its interim order dated January 29th, 2025 by providing that the Govt. of J&K shall be at liberty to make promotions to the posts of Associate Professors and Professors in GMC, Jammu, however, the Govt. of J&K shall not place/promote/appoint any Professor confirmed by D.P.C/P.S.C after 01-01-2016 as Professor, to the post of Principal GMC, Jammu or by lateral entry in any of the newly established Govt. Medical College i.e. GMC Doda, GMC Kathua, GMC Udhampur, GMC Rajouri or any other newly established Govt. Medical College.

When this matter came up for hearing, Advocate S S Ahmed appearing in Miscellaneous Application No. 790 of 2025 moved on behalf of Dr. Mohammad Farooq Butt (Associate Professor, Orthopedics), Dr. Manish Singh (Assistant Professor, Orthopedics), Dr. Anuj Bhatti (Associate Professor, Pediatrics), Dr. Renu Wakhloo (Associate Professor, Anesthesia), Dr. Suman Kumar Kotwal (Assistant Professor, Endocrinology), Dr. Jang Bahadur Singh (Assistant Professor, Medicine), Dr. Shahzad Ahmed Qureshi (Assistant Professor, Medicine), Dr. Gurmeet Singh (Associate Professor, Medicine), Dr. Sanjeev Bhat (Associate Professor, Medicine) and Dr. Showkat Mahmood Chowdry (Assistant Professor, Medicine) contended that the petitioners/applicants namely Dr. Rahul Sharma, Dr. Sandeep Kour and Dr. Swaran Singh Katoch belong to Department of Radiation Oncology (Radiotherapy) GMC, Jammu and by virtue of interim order dated 29-01-2025, the promotion of all the Disciplines in GMC, Jammu have been stayed and the applicants and other faculty members of GMC, Jammu have been prejudiced and their promotions have been stalled without hearing them.

Advocate S S Ahmed vehemently argued that no case was set up for stalling the promotions in all the Disciplines by the three applicants/petitioners and for securing the ends of justice, the interim order dated 29-01-2025 is required to be modified.
On the other hand, Sr. Advocate Abhinav Sharma appearing for the three applicants belonging to Discipline of Radiation Oncology (Radiotherapy) vehemently argued that Juniors to Dr. Rahul Sharma, who were confirmed as Associate Professors w.e.f. 01-01-2013 have been posted as Principals in various Govt. Medical Colleges in UT of J&K thereby causing irreparable loss to the service career of the three faculty members of Radiation Oncology (Radiotherapy). The Senior Counsel further submitted that for balancing the equities, the promotion to the post of Principal GMC, Jammu and other Medical Colleges is required to be stayed particularly of those Professors who have not been confirmed by D.P.C./P.S.C after 01-01-2016 as Professor, because Dr. Rahul Sharma was confirmed as Associate Professor on 01-01-2013.

After heated arguments from both the sides, a Bench of Central Administrative Tribunal comprising Member(J) Rajinder Singh Dogra and Member(A) Ram Mohan Johri modified its interim order dated January 29th, 2025 by providing that the Govt. of J&K shall be at liberty to make promotions to the posts of Associate Professors and Professors in GMC, Jammu, however, the Govt. of J&K shall not place/promote/appoint any Professor confirmed by D.P.C./P.S.C. after 01-01-2016 as Professor, to the post of Principal GMC, Jammu or by lateral entry in any of the newly established Govt. Medical Colleges i.e. GMC Doda, GMC Kathua, GMC Udhampur, GMC Rajouri or any other newly established Govt. Medical College.

With these observations and directions, the CAT Bench disposed of MA. No.790 of 2025.