Srinagar, Oct 13 :The Central Administrative Tribunal (CAT), Srinagar Bench, has directed the competent authority of the University of Kashmir to consider and grant notional effect to the appointment of Rifat John as Assistant Professor in Botany with effect from June 4, 2008, along with consequential service benefits admissible under the applicable rules and regulations.
The Tribunal passed the directions while disposing of T.A. No. 109 of 2024 on September 3, 2026. The bench comprised Justice Ritu Tagore, Member (Judicial), and Prasant Kumar, Member (Administrative).
The applicant had approached the Tribunal seeking retrospective effect to her appointment and consequential benefits, stating that although she had been selected for the post in 2007, her formal appointment was issued only on November 1, 2011.
According to the case record, the University of Kashmir had invited applications for the post of Lecturer in Botany through an advertisement dated January 14, 2004. Rifat John, who possessed an M.Sc. degree in Environmental Botany from Jamia Hamdard, New Delhi, a Ph.D. from the Indian Institute of Technology (IIT), Delhi, and had qualified NET-JRF and GATE examinations, participated in the selection process. She was selected on February 5, 2007, and her name figured at serial number six in the select list.
However, the University deferred her appointment on the ground that the equivalence of her degree required examination.
The applicant subsequently approached the Jammu and Kashmir High Court through SWP No. 607/2007. By an order dated November 25, 2008, the High Court directed the University Syndicate to take a final decision on the equivalence of her degree within two weeks. It further directed that, if equivalence was granted, the University should issue an appointment order in her favour within a further period of two weeks.
The Tribunal noted that the University’s Equivalence Committee, in its meeting held on June 4, 2008, had recognised the M.Sc. Environmental Botany degree awarded by Jamia Hamdard as equivalent to the M.Sc. Botany degree of the University of Kashmir.
Despite the recognition of her qualification, the applicant’s appointment remained pending. During subsequent proceedings, the University stated that the post against which she was to be appointed had ceased to exist or had lapsed, and that the matter had been taken up with the government for creation of the post.
The University subsequently issued an advertisement dated March 18, 2011, inviting applications for four posts of Assistant Professor in Botany. The applicant again approached the High Court through SWP No. 772/2011. Following further directions from the High Court, the University issued an appointment order dated November 1, 2011, appointing her as Assistant Professor in the Department of Botany.
Aggrieved by the delay, the applicant sought retrospective effect to her appointment. During the proceedings before the Tribunal, her counsel Advocate M. Anis ul Islam, submitted that she would be satisfied if her appointment were given notional effect from June 4, 2008, the date on which the Equivalence Committee recognised her qualification, along with admissible consequential and notional service benefits for the intervening period.
Counsel for the University submitted that the applicant’s claim could be considered subject to the applicable rules and regulations and provided there was no other legal impediment.
After considering the submissions and the material on record, the Tribunal directed the University’s competent authority to consider and grant notional effect to the applicant’s appointment as Assistant Professor in Botany with effect from June 4, 2008, and to consider her claim for consequential and notional service benefits in accordance with the applicable rules and regulations.
The Tribunal directed that the exercise be completed within six weeks and that the decision be communicated to the applicant forthwith thereafter.
