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HC directs state to grant higher grades to petitioners
4/17/2008 11:30:30 PM
Early Times Reporter
Jammu | Apr 17
While two petitions filed by Ved Parkash Gupta & ors, Bansi Lal Bali & Ors who were promoted as Assistant Directors in Gazatted Cadre seeking pay-grades as par with the direct recruits, Justice YP Nargotra directed state respondents that in case the petitioners are found entitled to the said grade the same shall be released in their favour from the dates they were promoted to the post of Assistant Directors.
Adv MP Gupta appearing for the petitioners in both the petitions submitted that the grievances of the petitioners is that since the direct recruits to the same post have been granted higher grade than the petitioners, therefore, there is disparity in granting grade to the petitioners. The petitioners are entitled to be placed in the higher grade from the date they were promoted on the said post. Adv MP Gupta further submitted that the controversy involved in the petitions has already been clinched by this high court decided on April 28, 1995 and submitted that the petitioners would be satisfied if the respondents are directed to consider their case in the light of said judgment.
On the other hand Deputy AG Vinod Bakshi appearing for the state respondents submitted that the respondents would have no objection for according consideration to the case of petitioners in the light of said judgment, if they are found entitled to higher grade in which direct recruits have been placed, they would also be placed in the said grade with effect from the dates they were promoted to the post of Assistant Director.
Justice Nargotra while disposing off both the petitions involving common question of facts after hearing both the sides observed that in view of the submissions made by both the counsels, petition disposed of with the direction to the respondents to accord consideration to the case of petitioners who are six in number for being placed in the grade in which direct recruits have been placed in the light of judgment rendered in SWP NO 1339 of 1986 decided on April 28, 1995. In case the petitioners found entitled to the higher grade, the same shall be release in their favour from the dates they were promoted to the post of Assistant Director. The decision shall be taken within a period of two months. JNF
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