CAT quashes GMC Jammu order denying vacation pay to academic arrangement faculty



30/07/2026

JAMMU, Jul 29: The Central Administrative Tribunal (CAT), Jammu Bench, has quashed an order of the Principal and Dean, Govern-ment Medical College (GMC), Jammu, which denied remuneration to faculty engaged on academic arrangement basis during notified summer and winter vacations.
Administrative Member Ram Mohan Johri passed the judgment on an application filed by 22 faculty members of GMC Jammu and its associated hospitals. The applicants were represented by Senior Advocate Sunil Sethi, assisted by Advocate Kunal Saini.
The faculty members had challenged Order No. 131 of 2025 dated June 18, 2025, under which those engaged under the Jammu and Kashmir Medical and Dental Education (Appointment on Academic Arrangement Basis) Rules, 2020, were allowed to avail summer vacations but were declared ineligible for remuneration during the vacation period.
Allowing the application, the Tribunal held that the order was arbitrary and lacked legal authority. It ruled that Government Order No. 423-HME of 2012, granting paid summer and winter vacations to academic arrangement faculty, continued to remain in force as it had neither been withdrawn nor superseded by the 2020 Rules.
The CAT further held that the Principal and Dean of GMC Jammu had no authority to override a government policy through an administrative order.
The Tribunal observed that institutional vacations form part of the academic calendar and cannot be treated as ordinary leave. Since faculty members remain under engagement during the vacation period, denial of remuneration to them was legally unsustainable.
Referring to the Supreme Court judgment in Rattan Lal v. State of Haryana, the Tribunal reiterated that the State, being a model employer, cannot deny salary to teaching staff during institutional vacations merely because they are engaged on an academic arrangement basis while performing duties identical to regular faculty.
The Tribunal directed the respondents to release the withheld remuneration to the applicants within 12 weeks and continue paying remuneration during future notified summer and winter vacations as long as the faculty members remain under engagement, unless the statutory framework is lawfully amended.
The ruling is expected to have wider implications for faculty members serving on academic arrangement basis in Government Medical Colleges across Jammu and Kashmir.
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