Early Times Report
Jammu, Sept 17: The High Court of Jammu & Kashmir and Ladakh at Jammu has ruled that government doctors who pursue postgraduate (PG) courses without physically joining their duties are not entitled to salary or allowances for that period.
A Division Bench of Justice Sanjeev Kumar and Justice Sanjay Parihar delivered the judgment while allowing a writ petition filed by the Union Territory of J&K and its Health & Medical Education Department against a Central Administrative Tribunal (CAT) order.
The case involved Dr. Anju Kumari and Dr. Nishu Bhushan, appointed as Assistant Surgeons in 2011. Instead of joining their posts, both doctors continued their PG studies at Government Medical College, Jammu. They later approached the Tribunal, which in February 2025 directed the government to pay them salary and allowances for the duration of their studies, relying on Article 44-A of the J&K Civil Service Regulations, 1956.
The High Court, however, held that Article 44-A applies only when employees are deputed for short-term training courses related to their existing job profiles, not for higher studies like postgraduate degrees that last beyond eight weeks. The court said the doctors were never deputed by their employer and had remained absent from duty of their own choice.
Calling it a case of “abandonment of service/unauthorized absence,” the Bench observed that seeking salary for such a period was “untenable.” The judges also made it clear that past practices of granting similar benefits cannot override the law, remarking that “two wrongs do not make one right.”
The court further urged the government to frame a clear mechanism for doctors and employees who intend to pursue higher studies during service. It stressed the need for a formal procedure of obtaining permission and availing study leave to avoid such disputes in the future.
Significantly, while rejecting the claim for salary, the Bench noted that the government had shown leniency by not initiating disciplinary proceedings and by permitting the doctors to rejoin service after completing their PG courses. (JNF) |
