Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(CAT) 5006

CENTRAL ADMINISTRATIVE TRIBUNAL
Rajinder Singh Dogra, Judicial Member, Ram Mohan Johri, Administrative Member
Gauri D. Bajju – Appellant
Versus
University of Jammu through its Registrar – Respondent
Transfer Application No. 103/2025|SWP No.2684/2016

Advocates:
For the Appellants/Petitioners: Mr. Jagjit Rai
For the Respondents: Ms. Pariksha Parmar

University must implement Screening Committee's promotion recommendation confirming API eligibility pursuant to judicial directions; denial thereafter is arbitrary. Notional promotion granted from eligibility date with service benefits but no salary arrears.

Headnote:(A) UGC Regulations, 2010 - Career Advancement Scheme - Promotion from Associate Professor to Professor - Eligibility based on three years' service in Stage-IV and minimum API scores in Categories I, II and III - Screening Committee, pursuant to judicial directions, re-assessed Category-III API score as 122 against required 120 and recommended promotion w.e.f. 01.01.2009 - Legal Advisor opined in favour - University failed to implement recommendation despite further judicial directive, issuing self-contradictory communications denying promotion - Such denial held arbitrary and unsustainable, defeating substantive right and judicial directions. (Paras 9, 10, 11, 15)

(B) Service Jurisprudence - Notional Promotion - Granted w.e.f. date of eligibility despite delay - No actual arrears of salary for period not worked on promotional post, but notional pay fixation for service benefits and re-calculation of retiral/pensionary dues if retired - Balances equities on principle of 'no work, no pay'. (Paras 13, 14)

(C) Administrative Law - Compliance with Judicial Directions - University bound to act on recommendation of competent Screening Committee and legal opinion post judicial orders - Indefinite delay or contrary stand without sustainable reason impermissible. (Paras 10, 11)

Facts of the case:
Associate Professor challenged University's refusal to grant promotion to Professor under Career Advancement Scheme despite fulfilling API scores after re-assessment, and assailed promotion of another Associate Professor whose extraordinary leave period in private research organizations was counted as qualifying service. Earlier writs directed re-assessment and decision on recommendation, but University issued impugned orders denying her claim.

Findings of Court:
Impugned communications quashed; petitioner granted notional promotion as Professor w.e.f. 01.01.2009 with notional pay fixation and consequential service/retiral benefits; no actual salary arrears; exercise within 12 weeks, with 6% interest on delay in retiral dues.

Issues: Whether University could deny promotion despite Screening Committee's recommendation and legal opinion post judicial directions; validity of counting extraordinary leave as qualifying service for another's promotion; entitlement to notional promotion and benefits.

Ratio Decidendi: Once competent authority, pursuant to judicial directions, confirms eligibility via API score, University cannot deny promotion arbitrarily; independent entitlement survives challenge to others; notional promotion with limited financial relief upholds substantive right without violating 'no work, no pay'.

Result: Transfer Application allowed.

Table of Content
1. case background and petitioner's promotion claim under ugc cas. (Para 1 , 2 , 3 , 6 , 7)
2. respondent's defense on eligibility and prior litigation. (Para 4)
3. university must honor screening committee's eligibility finding. (Para 5 , 9 , 10 , 11)
4. summary of respondents' key contentions. (Para 8)
5. petitioner's entitlement independent of respondent no.3 challenge. (Para 12)
6. notional promotion from 2009 with retiral benefits. (Para 13 , 14 , 15)
7. orders quashed; promotion and benefits directed. (Para 16 , 17)

ORDER

Per: - Ram Mohan Johri, Administrative Member

1. The SWP No.2684/2016 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu to this Tribunal and was registered as T.A No.103/2025 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court seeking following relief: -

a) Writ Petition under article No. 226 of Constitution of India read with section 103 of Constitution of J&K State thereby issuing appropriate writ/order/direction quashing the orders passed by the respondent No. 1 & 2 being (a) No. Adm/TW/2081-84 dated 28.07.2016, (b) Communication No. Adm/TW/16/3932-34 dated 01.12.2016 and (c) Adm/TW/16/3945-47 dated 02.12.2016 being self-contradictory and in violation of UGC Regulations, 2010 as well as the orders passed by this Hon’ble Court on 22.06.2016 in SWP No. 1301/2016 in the interest of justice, equity and good conscious.

b) Writ with further prayer for quashing the Selection of respondent no. 3 for promotion as Professor Stage-V under CAS in the year 2012 because respondent No. 3 have not completed mandatory period of three years as Associate Professor in active service of the Institution as required under clause 6:3:9, 14 and 15 of the UGC Regulations, 2010 as such, was not eligible to apply for the post.

c) Further quashing the approval accorded by the University Council vide item No. 72:38 dated 23.04.2012 (after interview) in regard to treating the extra-ordinary period of leave for one year and six months approximately on duty for promotion under CAS as being without jurisdiction and in violation of UGC Regulations, 2010.

d) Consequently, quashing the order of promotion No. Admn/TW/12/2293-98 dated 26.07.2012 and order No. Admn/Tw/12/4313/23 dated 12/09.2012 (qua the respondent No. 3) treating period of extra ordinary leave obtained by the respondent No. 3 to service at private Companies Dabur Pvt Ltd and Sphaera Pharma Pvt Company Ltd at Gyurgaon, as dies non in terms of SRO 514 dated 22.11.1999.

e) With the further prayer for issuing appropriate writ/order/direction directing the respondent No. 1 and 2 to promote the petitioner to the post of Professor Stage-V w.e.f. 01.01.2009 since the petitioner have successfully scored the requisite score of APIs in all the categories I, II and III as per directions of this Hon’ble Court in SWP No. 1660/2015 order dated 18.09.2015 and recommendations made by the Screening Committee in its minutes of the meeting held on 27.10.2015.”

f) Any other relief, which this Hon'ble Court in the facts and circumstances of the case deems fit and proper.

3. The facts of the case as pleaded by the petitioners in their pleadings are as follows: -

a) The present Transfer Application arises out of SWP No. 2684/2016, which was originally instituted before the Hon’ble High Court of Jammu and Kashmir at Jammu and, upon transfer, came to be registered before this Tribunal as T.A. No. 103/2025. Through the said writ petition, the petitioner, Dr. Gauri D. Bajju, who is serving as Associate Professor in the Department of Chemistry, University of Jammu, called in question various orders and communications issued by the University authorities whereby her claim for promotion to the post of Professor under the Career Advancement Scheme, in terms of the UGC Regulations, 2010, was not accepted. She also laid challenge to the promotion of respondent No. 3, Dr. Kamal K. Kapoor, to the post of Professor under the same scheme and soug

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2026 Supreme(Online)(CAT) 5006

CENTRAL ADMINISTRATIVE TRIBUNALRajinder Singh Dogra, Judicial Member, Ram Mohan Johri, Administrative MemberGauri D. Bajju – AppellantVersusUniversity of Jammu through its Registrar – RespondentTransfer Application No. 103/2025|SWP No.2684/2016

University must implement Screening Committee's promotion recommendation confirming API eligibility pursuant to judicial directions; denial thereafter is arbitrary. Notional promotion granted from eligibility date with service benefits but no salary arrears.

CENTRAL ADMINISTRATIVE TRIBUNAL
Rajinder Singh Dogra, Judicial Member, Ram Mohan Johri, Administrative Member
Gauri D. Bajju – Appellant
Versus
University of Jammu through its Registrar – Respondent
Transfer Application No. 103/2025|SWP No.2684/2016