Cadre-origin posts designated as deputation reserve for allied institutions maintain seniority within the parent medical college cadre.

The applicant, Dr. Harleen Kour, was appointed as a Lecturer in Microbiology at Government Medical College (GMC), Jammu, on 21.01.2011

She challenged the final seniority list dated 23.03.2011, which placed Respondent No. 5, Dr. Sandeep Dogra, above her in the GMC Jammu cadre

The applicant contended that Dr. Dogra was recruited against posts created for Indira Gandhi Government Dental College (IGGDC) vide Government Order (G.O.) No. 604-HME of 2007, and was merely on deputation to GMC Jammu

G.O. No. 103-HME of 2008 formally included these posts in the GMC cadre as "deputation reserve posts"

Dr. Dogra was appointed to GMC Jammu on 17.12.2009—prior to the applicant—following a PSC notification that identified the post as belonging to the Medical College cadre

1. Whether Respondent No. 5 was appointed to a post borne on the cadre of GMC Jammu or remained a substantive member of the Dental College cadre

2. Whether the seniority of Respondent No. 5 was correctly fixed above the applicant based on his earlier date of appointment to a deputation reserve post encadred in GMC Jammu

The court applied the principle that seniority is a function of the specific cadre post and the date of substantive appointment to that cadre

The court applied the principle of finality in service matters, as established in related proceedings (O.A. No. 985/2023), holding that settled service rights and departmental interpretations acted upon over long periods should not be disturbed unless there is patent nullity

It relied on the administrative doctrine governing "deputation reserve" arrangements, where a post operated for a different institutional purpose (e.g., teaching dental students) maintains its cadre control and service consequences within the parent establishment (GMC)

The Tribunal found that G.O. No. 541-HME of 2008 and G.O. No. 103-HME of 2008 effectively merged the disputed Microbiology posts into the GMC Jammu/Srinagar cadre strength as deputation reserve posts

The PSC requisition and the subsequent appointment order for Respondent No. 5 dated 17.12.2009 explicitly treated the post as part of the Medical Education side rather than the Dental Education side

The Tribunal reasoned that administrative formalities—such as routing salary through the Dental College—did not alter the legal character of the post

Referencing a common judgment involving the same parties, the Tribunal noted that the department had consistently operationalized Dr. Dogra’s promotions and seniority within GMC for over a decade; therefore, the applicant's attempt to re-interpret the service structure years later was insufficient to unsettle established rights

As seniority follows the date of appointment to the cadre post, the inclusion of Respondent No. 5 above the applicant in the 2011 seniority list was legally sound

The prayer to quash the seniority list was denied, and no costs were awarded