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| Creation of category within category- encouraging of litigation by Government | | | Et Report
Jammu, Dec 29: The State Government has issued a Govt Order No 239-F of 2013 dated 30.11.2013 according sanction to grant pay scale of Rs 4500-5700 revised to Rs14300-18300 and further revised to Pay Band 4 of Rs37400-67000 + Grade pay of Rs 8700 in favour of 4 Superintending Engineers notionally from1/4/1987 and monetarily from 1/4/1990 at par with the scale held by the District and Session Judges. District and Session Judges of J&K state by way of SWP No 529/92 titled "T N Bhat & Others vs State & Others" challenged SRO 75 dated 30/3/1992 and the case was decided in their favour by Hon'ble High Court vide its Judgement dated 17.4.1996 by quashing the fixation of their pay scale at S no 23 & 25 and directed respondents to treat them to have always been in pay scales appearing at S no 25 & 26 of the schedule to the notification SRO 75 dated 30/3/1992. The State Government filled LPA which was dismissed by Hon'ble Division Bench. The SLP filled by State Government was also dismissed by Apex Court on 08.07.2004. The State Government implemented the Judgement by issuing SRO-163 dated 13/06/2005 in favour of all District and Session Judges and Selection grade District and Session Judges. This order given above has been issued as an outcome of the decision in SWP No 1608/92 titled Santokh Singh & others (Superintending Engineers) V/s State of J&K delivered by the Single Bench of the Hon'ble High Court on 17/5/2001. Hon'ble High Court while disposing of writ petition directed respondents to grant the petitioners pay scales at par with District and session Judges. The Judgement was challenged by State Government by filling LPA which was dismissed 22.12.2011 by Division Bench of Hon'ble Court. Thereafter, State Government filled SLP which was dismissed by Apex Court on 30.08.2012. The State Government even sought the advice of Law Department fearing that partial implementation will lead to contempt and litigation. One of the point for advice was "Can the judgment be implemented in favour of petitioner's only , in first instance, to render compliance to the court's order and escape contempt proceeding ? If Non Petitioners agitate or court itself take cognizance of the partial implementation, will it be construed as contempt, or a lenient view is possible by court wherein a directive for incorporation of non-petitioners will be given ?"The law department opined that "Cases of Superintending Engineers has to be considered on the lines of Session Judges. Judgment has to be implemented for all Superintending Engineers and cannot be restricted to petitioners." The State Government has not complied with the orders of Hon'ble Court and even opinion of the Law Department has been ignored by extending benefit to petitioners, thereby creating category among category. With this action by Government, Superintending Engineers which are only about 10% of cadre strength shall be forced into litigation as they have been denied their just right. The irony of order issued by government is that two scales have been made for one post of Superintending Engineer. |
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