Introduction:

In a significant ruling, the Jammu and Kashmir and Ladakh High Court addressed the issue of equality in promotion cases, emphasizing that employees should not be denied promotion benefits solely because they did not approach the court while in active service. The case involved an Assistant Registrar, Saif-Ud-Din Mir, who challenged the discrepancy in his promotion compared to his colleague Mohammad Yasin Malik. The Court, comprising Chief Justice N Kotiswar Singh and Justice Wasim Sadiq Nargal, heard the appeal against a judgment granting retrospective promotion to Mir.

Arguments of Both Sides:

The University, represented by its counsel, contended that Mir’s case was not identical to Malik’s and cited delay in filing the writ petition as grounds for denying Mir the benefit of retrospective promotion. On the other hand, Mir argued that he had actively pursued his claim for promotion through timely representations filed during his active service. He asserted his right to equality and sought similar treatment to Malik.

Court’s Judgment:

The High Court dismissed the University’s appeal, ruling in favor of Mir. The Court observed that Mir had diligently pursued his claim for promotion through timely representations, and the University’s inaction on these representations could not be used against him. Emphasizing the principle of equality, the Court stated that once a benefit is accorded to a similarly situated employee, denying the same benefit to another based on technicalities is unjustifiable and violates the fundamental right to equality. Citing relevant case laws, the Court reiterated the need for similar treatment in service matters. The bench concluded that Mir’s case warranted retrospective promotion, and his timely representations during active service justified the relief granted to him.