In a significant ruling, the Jammu and Kashmir High Court has held that government employees who pursue higher studies without obtaining prior official permission are not entitled to receive salary during that period. The verdict came after the court allowed the Government’s plea challenging a Central Administrative Tribunal (CAT) order, which had directed authorities to pay salaries to two doctors pursuing postgraduate medical courses.
The case was initiated when the Commissioner/Secretary to the Health and Medical Education Department appealed against a CAT judgment that favoured two medicos. The Tribunal had earlier ordered that the doctors be paid salaries and allowances attached to their posts as Assistant Surgeon and Medical Officer for the duration of their postgraduate medical studies at a government medical college.
However, the High Court bench comprising Justice Sanjeev Kumar and Justice Sanjay Parihar overturned the Tribunal’s order, emphasizing that pursuing postgraduate studies without official deputation or prior approval does not entitle a government servant to salary under Article 44-A of the J&K Civil Service Regulations.
Court’s Observations and Directions
The bench observed that any government employee or doctor who leaves their post without permission, even for pursuing higher education relevant to their profession, is considered unauthorizedly absent. The court directed the government to establish a proper regulatory mechanism to handle such cases in the future.
“Employees who abandon their services to pursue higher studies without prior approval must be treated as delinquent and subjected to disciplinary proceedings,” the court stated.
The judges further advised that employees interested in higher or specialized studies should apply for official permission or deputation, ensuring their cases are processed under a transparent and well-defined policy.
Emphasis on Discipline and Accountability
The High Court underlined the importance of discipline in public service, stating that unauthorized absence under the guise of education undermines administrative control and accountability.
“The government must urgently address this issue by creating a formal policy to regulate employees seeking to pursue higher education,” the court remarked.
The bench clarified that while the state should encourage skill development and professional growth, it must be done within the framework of service rules to maintain order and fairness in public employment.
Clarification on Article 44-A of J&K Civil Service Regulations
The judgment also provided a detailed interpretation of Article 44-A, which governs salary entitlement during training or academic courses. The court explained that this provision applies only to employees deputed for training or instructive courses directly related to their current job profile and not to those pursuing higher qualifications independently.
“Article 44-A does not cover specialized or professional courses lasting beyond eight weeks, nor those that serve as essential qualifications for higher posts,” the court clarified.
This means that medical officers or any government servants pursuing postgraduate or specialized degrees without formal approval cannot claim salaries or allowances for that period.
Tribunal’s Interpretation Overturned
The High Court criticized the Tribunal for partially quoting Article 44-A and misinterpreting its scope. According to the bench, the CAT failed to recognize that the two medicos had not been deputed or granted permission to join their postgraduate courses and had effectively abandoned their official duties.
Consequently, the High Court found the Tribunal’s decision “legally unsustainable” and set aside the judgment in favour of the government.
Significance of the Judgment
This ruling reinforces the principle that official permission is mandatory before a government employee undertakes any higher or specialized study. It also ensures that employees cannot misuse their positions or resources while being absent without authorization.
The decision further strengthens administrative control within public service institutions, particularly in the health and medical education sector, where unauthorized absences can directly impact public welfare.
With this verdict, the Jammu and Kashmir High Court has drawn a clear line between academic ambition and administrative responsibility. While education and skill enhancement are vital, the court asserted that they must align with service rules and official protocols.
The judgment not only upholds the integrity of government service but also sets a precedent ensuring that public employees maintain discipline, accountability, and transparency in their pursuit of professional growth.
