Employees are entitled to all monetary effects from the respective dates of promotions, and the employer cannot defer or divide the grant of monetary benefits.

JUDGMENT

Jyoti Singh, J. (Oral)--This judgment will dispose all the six writ petitions which were heard together on account of similitude of the legal issues raised therein. For the sake of convenience and reference facts in W.P. (C) 7916/2019 are referred to hereinafter.

2. Petitioner joined Government Medical College, Srinagar, Kashmir on 26.07.1980 after qualifying MBBS from the same College and doing one year internship from SMHS and associated hospitals affiliated with Government Medical College, Srinagar. After completing his house job in 1980-81, Petitioner was appointed as Assistant Surgeon on 31.03.1981 in Medical Department, Srinagar. Degree of Medicine and Surgery was issued by the University of Kashmir on 30.10.1980. Petitioner was appointed as Assistant Surgeon vide Government Order dated 31.03.1981 and later he completed his Masters Degree in 1989.

3. A Government Order bearing No. 595-FME of 1988 was issued by Government of Jammu and Kashmir, Health and Medical Education Department on 22.07.1988 introducing a Scheme of time-bound promotions for Doctors in the Health Services Department, including Dental Surgeons/Specialists and relevant terms are as follows:

"Government of Jammu and Kashmir

Health and Medical Education Department

Subject: i) Scheme of time-bound promotions for the doctors in the Health Services Department

ii) Enhancement in the rates of NPA

Reference: Cabinet Decision No.: 116 dated 20.7.1988

......

Government Order No. 595-FME 01 1988

Dated 22.7.1988

......

Sanction is hereby accorded to the introduction of a scheme of time-bound promotions for doctors in the Health Services Department (including Dental Surgeons/specialists), as detailed in the Annexure, subject to the following conditions:

(i) the cut off date tor computation of the number of years for purpose of the aforesaid scheme shall be march 31,1988, to begin with, and March 31 each year for future;

(ii) in such computation the number of years spent by a doctor on a particular post, in adhoc capacity, except at the entry level, shall also be taken into account;

(iii) the benefit of time-bound promotion shall be applicable only if the APRs of the doctor concerned for the last 3 years show no adverse comment.

(iv) The scheme shall not have any bearing on inter-se-seniority of doctors in a particular class/category/scale and an undertaking to the effect that no such claim shall accrue as a result of the scheme shall be obtained by the concerned Heads of Department/Institution from each beneficiary.

Sanction is further accorded to enforcement of the following pattern of non-practicing allowance for such of the doctors as are entitled to this allowance under rules; with immediate effect:

By Order of the Government of Jammu and Kashmir.

Sd/-

(H.L. Kadlabju) IAS,

Commissioner/Secretary to Government

Health and Medical Education

Department

No: MDG-163/87

Dated: 22.7.1988

Copy to the:

1. All Commissioners/Secretary to Government --

2. Accountant General Srinagar

Annexure to the Government Order No. 595-HME of 1988

Dated 22.7.1988

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