news details |
|
|
| HC directs to pay arrears from 1984 | | Petitioners cadre changed, arrears denied | | JAMMU, March, 27
Justice Hakim Imtiyaz Hussain of J&K High Court Jammu wing in a significant judgement allowed the petition filed by the petitioners and modified the order impugned to the extent that cadre of the petitioners shall be treated to have been converted from ministerial cadre to executive cadre with effect from April 1984 from the date they started performing the duties of lineman. The respondents are directed to calculate the difference of the wages and make payment of the arrears to the petitioners within four months, the Court ordered.
According to petition, the petitioners, who were engaged in the PDD on May 10, 1978 and November 12, 1982 respectively and performed the duties of lineman since 1984 and were regularized as class IV employees. They applied for change of their cadre which was not allowed, aggrieved by the order of the respondents, filed a writ petition which was disposed off on May 31, 2001 and in compliance to the directions passed by the Court, the respondents considered the matter and directed conversion of the petitioners from ministerial cadre to executive cadre. Since the order was given prospective effect, the petitioners again filed this second petition.
Sr. Advocate JS Kotwal appearing for the petitioners vehemently argued that the Government has given the benefit of change of cadre in favour of the petitioners on the basis of the duties performed since 1984, so the order should have been given retrospective effect and the petitioners should have been given the arrears under rules. On the other hand, Deputy Advocate General Mrs. S Hakim appearing for the PDD submitted that the order impugned has been passed on the basis of the directions passed by the High Court and that since the matter pertains to the change of cadre, no retrospective effect could be given to them and vehemently opposed grant of retrospective effect to the petitioners.
Justice Hussain ,after consideration of the matter find due force in the submission made by Sr. Advocate JS Kotwal appearing for the petitioners and observed that the High Court while disposing off the earlier writ petition has came to the conclusion that the petitioners were working as lineman since 1984. Court on that basis found that the petitioners should have been treated as such and paid their emoluments accordingly. The Government has not challenged the said order; rather it has accepted it and in compliance to it passed the order impugned. The said order has directed the conversion of the petitioner's status in the corresponding grade. Perusal of the order would show that it is not in strict compliance to the directions passed by the High Court on May 31, 2001. Court had directed the payment of the emoluments to the petitioner since 1984, but by giving prospective effect to the order the petitioners have been deprived of their emoluments in the new cadre. The grounds relied upon by the court and the reasons considered by the government in directing the conversion of the cadre of the petitioners is that the petitioners were working on the post since 1984. If that was the case the petitioners have become definitely entitled to emoluments since the period they had started working against the post. In these circumstances Court allowed petition and ordered payment of arrears to the petitioner from 1984. |
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
