Supreme Court has directed the Islamia College of Science & Commerce, Srinagar under the University of Kashmir to grant pay protection benefits to a Lecturer. The Court ruled that the High Court's division bench was mistaken in determining that the Lecturer was appointed against a short-term vacancy rather than a substantive post.

The case revolved around the appellant's appointment to the Academic Staff College of the University of Kashmir on a tenure basis and subsequently to the Islamia College of Science & Commerce, Srinagar as an English Lecturer. While the college initially denied her pay protection, the High Court granted her the benefit, which was later overturned by the division bench. The Supreme Court examined whether the appellant was appointed ad-hoc or against a short-term vacancy, which would affect the applicability of Article 77-D of the Jammu & Kashmir Civil Service Regulations regarding pay fixation.

The Supreme Court's bench, consisting of Justice Abhay S Oka and Justice Prashant Kumar Mishra, clarified that the appellant's appointment was not temporary or ad-hoc, and therefore she qualified for pay protection under Article 77-D. The Court emphasized that her post was substantive and on a tenure basis, distinct from a temporary appointment. It highlighted the provisions for continuation and retirement age in the Guidelines for Academic Staff Colleges.

The verdict declared that the appellant's appointment was not against a short-term vacancy, thus nullifying the exception to Article 77-D's third proviso. Comparing the case to a government servant moving to another cadre, the Court ordered the college to provide pay protection benefits to the appellant.

Titled: Asma Shaw v. The Islamia College of Science & Commerce Srinagar Kashmir, Civil Appeal No.4951 of 2023.

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