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| Court recommends retrospective grade to petitioner | | |
Early Times Report
Jammu, Jan O8-Quashing the order dated October 21,1995, under which the petitioners have been adjusted on the regular establishment of state service with effect from May 20,1993, Justice Nirmal Singh of J&K High Court Jammu Wing in petition seeking direction to the respondents to place them in the grade of Rs 5000-8000 attached to the post of fitter with effect from January 21, 1973, held that the petitioners are entitled to the grade of fitter with effect from the date their services were utilized by the electric department.
Justice Singh, after hearing Advocate KS Pathania appearing for the petitioners and Deputy Advocate General S Hakim appearing for the Electric Department, has set-aside the Government order of October 21, 1995, whereby the petitioners have been adjusted on the regular establishment of the state service with effect from May 20, 1993. The Court held that the petitioners are entitled to their absorption and adjustment on the regular establishment of the state service in the electric department with effect from the date they submitted their option for being absorbed into State Service in terms of Government order of January 23, 1973. So far grade of the fitter, against which post petitioners were working at the relevant time, is concerned, the state shall look into the matter afresh and after taking into consideration shall pass appropriate orders for releasing the grade of fitter in favour of the petitioners with effect from the date their services were utilized by the department. The petitioners shall also be entitled to arrears of salary on re-fixation of their grade attached to the post of fitter with effect from three years prior to filling of earlier writ petition No 950/85. Court also directed State that the whole exercise shall be completed and appropriate orders passed by the respondent state, including release of arrears of salary, if any, within a period of four months from the date copy of this order is made available to the respondent state. The petitioners are also entitled to interest on the arrears of salary @ 9% PA and this interest shall be payable by the person on whose account delay occurs. JNF
Nearly 35 years ago petitioners were the employees of J&K Minerals Ltd, a J&K undertaking, and working at Thermal Power Station Kalakote which project was taken over by the State Government and placed at the disposal of the electric department vide Government order January 23, 1973. Thereafter a decision was taken by the Government to adjust the employees working in said project in the electric department on the terms and condition mentioned in letter dated December 8, 1972. The petitioners were adjusted on regular establishment with effect from May 20, 1993 after about 20 years of taking over the Kalakote Thermal Project station which order was challenged by the petitioners JNF
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