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| DB partially allows appeal filed by State, modifies judgment of Writ Court | | Petition seeking Higher Pay Scale | | EARLY TIMES REPORT
Jammu, Feb 15 : In a LPA filed by State disputed the entitlement of the writ petitioner-respondent to the grant of pay scale in terms of Government order dated 20/08/1983, Division Bench of State High Court comprising Chief Justice MM Kumar and Justice Dhiraj Singh Thakur observed that the appeal is partially accepted.
Division Bench after hearing Sr. AAG Gagan Basotra for the state whereas Sr. Adv PS Dutta appearing for the respondent SM Sharma observed that Senior Advocate PS Dutta readily agreed that the writ petitioner-respondent may be granted arrears only for a period of three years plus two months preceding the date of filing the writ petition which as per the record is 31/03/2004. With these observations Division Bench partially accepted the appeal and the judgment of writ Court modified to the extent that the case of the petitioner-respondent for grant of higher pay scale in terms of Government order No.1285-GD dated 20.08.1983 shall be considered and his emoluments be notionally fixed. His case for selection grade may also be considered and if he is found otherwise eligible and entitled then his emoluments may also be notionally fixed. As a consequence of notional fixation of emoluments or selection grade his pension may also be revised accordingly. However, he would be entitled to arrears for a period of three years and two months preceding the date of filing of the writ petition.
Meanwhile the judgment of the Single Judge is modified to the extent that the case of the petitioner-respondent for grant of higher pay scale in terms of Government order No.1285-GD dated 20/08/1983 shall be considered and his emoluments be notionally fixed. His case for selection grade may also be considered and if he is found otherwise eligible and entitled then his emoluments may also be notionally fixed.
As a consequence of notional fixation of emoluments or selection grade his pension may also be revised accordingly. However, he would be entitled to arrears for a period of three years and two months preceding the date of filing of the writ petition.
The dispute relates to grant of benefit of revised pay scale emerging from Government order No.1285-GD of 1983 dated 20.08.1983 which seeks to provide for uniform pay scale for all the feeder cadres eligible for induction to KAS. It is not disputed that the writ petitioner-respondent was a member of J&K Employment Service having been recruited as District Employment Officer in 1968. As per the record at the relevant time he was placed in the pay scale of Rs.225-500 which was later on revised to Rs.75-1400 in 1982. The writ petitioner-respondent came to be inducted in KAS in the year 1997 and superannuated in August, 2002 as Deputy Director Employment Exchange Department, Jammu.
A single Judge has granted the benefit of the Government order dated 20.08.1983 primarily on the ground that similarly situated persons, who filed various writ petitions were granted benefits. In that regard reliance has been placed on the observations made in SWP No.1218/1993 and other connected matters. The writ petitioner-respondent has made categorical averments in para 13 of the writ petition asserting that persons junior to him have been granted the benefit of higher pay scale of Rs.1000-1560.
The names of the junior have been given in para 13 being M A Mukhari, S C Gandotra, Bashir Ahmed Wani and Bashir Ahmed Bhat.
The Writ Court has accepted the prayer made by the petitioner-respondent with all benefits of higher pay scale with effect from the date of issuance of Government order No.1285-GD of 1983 dated 20.08.1983. The pension of the writ petitioner-respondent was to be fixed accordingly. Feeling aggrieved the State through its officers has filed the instant appeal and have disputed the entitlement of the writ petitioner-respondent to the grant of pay scale in terms of Government order dated 20.08.1983. (JNF) |
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