x

Like our Facebook Page

   
Early Times Newspaper Jammu, Leading Newspaper Jammu
 
Breaking News :   Pakistan’s ‘terror factory’ ran false propaganda for decades to mislead people: LG Sinha | LG meets terror victim families, assures justice | LG visits Vajr division’s youth empowerment centre | BJP bets on legacy: Devyani Rana to carry forward her father's dream in Nagrota | ‘Nagrota will always remain with BJP’ | Mehraj Malik’s vote becomes crucial after Sajad Lone’s boycott | Ladakh Admin withdraws restrictions imposed after Sep 24 violence | Morality has no meaning without spirituality: Mohan Bhagwat | J&K’s MBBS seats triple in 7-years | Cross-border organised arms, narcotics smuggling module busted | SC permits sale, bursting of green crackers | 2 teenage boys drown in Chiralla Nallah | IGP Birdi promotes 650 HCs as ASIs | Police raid premises of terror associates | JU postpones exams | Lamp lighting and oath taking ceremony at the College of Nursing, AIIMS Jammu | DSEJ announces 5 days Pooja holidays | Drug peddler’s property attached | Police nab 3 accused in axe attack case | Delhi Public School Jammu celebrates Its 27th Investiture Ceremony - "Sankalp Se Siddhi Ki Aur: Lead to Inspire" | Rana calls for multi-pronged strategy to accelerate tribal empowerment across J&K | Israel–Hamas Ceasefire: A Ray of Hope or a Temporary Pause? | Inflation grips the whole of India | J&K’s Private Teachers: Builders of Mind, Victims of Exploitation | False Narrative Era Over | Judge this Government after 5 years report card: Deputy CM | 6 nabbed for robbing construction site in Jammu, thrashing guards, workers | Chandigarh University Commemorates Dr APJ Abdul Kalam's Birth Anniversary with Expert Talk by Architect of India's Missile Shield 'Akash', Dr Prahlada Ramarao | Inspiring the Healers of Tomorrow: Dr Shakti Kumar Gupta's stirring address at Sri Aurobindo Institute of Medical Sciences, Indore | Reasi police attaches property of Pakistan-based terror operative in Sildhar Mahore | AAI Jammu conducts Swachhata drive at Power House Area | A G Mir, IPS reviews operational capabilities of SDRF Jammu | MLA Arvind Gupta meets BCCI President Mithun Manhas, discusses promotion of sports in J&K | MLA Bahu Ch Vikram Randhawa visits Digiana to address local issues | IGNOU Jammu hosts Webinar on the theme "Problem Solving, Ideation, and Innovation" in celebration of Innovation Day | Ten Munsiffs promoted to Sub-Judges | Court rejects Ex-DySP Devinder Singh's nail plea in a high-profile terror conspiracy case | Multidisciplinary research journal 'Researcher' released at JU | Shri Ram School organized "Turning waste into wonder's competition" | Whoever spoils Diwali celebrations will be behind bars: CM Yogi warns miscreants | TWS urges centre for special package to rebuild flood-ravaged Tawi island area | Renowned social activist Dr Karan Gupta describes Balbir's writings on Guru Ravidass as inspirational | GDC Vijaypur organises Intra-College Tug of War Competition under Nasha Mukht Bharat Abhiyaan | PM SHRI School JNV Gharota Empowers Students with Cybersecurity Awareness on Bagless Day | 2000 artistes to showcase spectacular performances | GDC Ramban organise workshop on SWAYAM courses | GDC Vijaypur Organises Intra-College Tug of war competition under Nasha Mukht Bharat Abhiyaan | GDC Ramgarh organises awareness programme on Cyber Security | YCET, Jammu organises Session on “Entrepreneurship: The Drive to Shape Your Future” | IQAC GDC Majalta organises Induction Programme for Freshers | GDC Ramban organise workshop on SWAYAM courses | GDC Vijaypur Organises Intra-College Tug of war competition under Nasha Mukht Bharat Abhiyaan | SMVDU hosts orientation session for first year students at the University | Indian Army organises Annual Sports Day | Krishi Vigyan Kendra, Reasi imparts training on Commercial Floriculture | MLA Rajeev Bhagat initiates Rs 49.66 Lakh development works in Kanhal, Chak Avtara | IIT Jammu Outreach, Skill Development | GDC Ramnagar organises Seminar on “The Impact of Substance Abuse on Indian Youth | Model Academy organises Annual Sports Day | Indian Red Cross Society, J&K UT organises awareness programme on CPR at Amar Singh College, Srinagar | 14th Workshop on Good Laboratory Practices (GLP) | MCM celebrates festive spirit with Diwali Fest, Green Diwali Campaign | Education Minister Shri Rohit Thakur graces Pinegrove School’s Grand Annual Function 2025 | AI can propel India towards unprecedented growth : Dr Amardeep Gupta | SCERT Jammu organises three day Capacity Building Programme | Nukkad Natak “Fasal Bima Yojana” staged by Sangam Theatre Group | Samba Police solved Highway Project violent attack, loot case 6 arrested | Samba police arrests absconder | AOI Jammu achieves major milestone in Advanced Cancer Care with successful HIPEC Procedure | AOI Jammu achieves major milestone in Advanced Cancer Care with successful HIPEC Procedure | Back Issues  
 
news details
CAT directs to grant benefits in terms of SRO 333 with retrospective effect from 1996
10/5/2024 9:28:49 PM
Early Times Report
JAMMU, Oct 5: In a bunch of petitions filed by Jammu Kashmir Ladakh All Departments Clerical Staff Association, Through its State President ors others seeking seeking quashing of SRO 333 dated 02.08.2018 to the extent of grant of prospective effect only and the respondents be directed by issuance of a writ of mandamus to grant the benefits in terms of the SRO with retrospective effect from 01.01.1996 notionally and monetarily w.e.f. 19.02.2003 on the analogy of Accounts Cadre, Animal/Sheep Husbandry Cadre Posts, Patwaris and Section Officers.
A Bench of Central Administrative Tribunal Jammu Comprising Rajinder Singh Dogra Member (J) and Ram Mohan Johri Member (A) after hearing Adv Veenu Gupta for the petitioners whereas AAG Sudesh Magotra with Deputy AG Dewakar Sharma for the UT, allowed the petition and the SRO 333 dated 02.08.2018 to the extent of granting prospective effect to the upgradation of pay scales of the applicants is quashed. The respondents are directed to grant benefits in terms of SRO 333 with retrospective effect from 01.01.1996 notionally and monetarily w.e.f. 19.02.2003 on the analogy of Accounts Cadre, Animal/Sheep Husbandry Cadre Posts, Patwaris and Section Officers. CAT further directed that this exercise be completed within a period three months from the date of receipt of a certified copy of this order.
While allowing the petition, CAT observed that the issue to be decided by this Tribunal in the instant T.A. is as to whether the applicants are entitled to claim the benefit of upgradation of pay scale retrospectively w.e.f. 01.01.1996 notionally and monetarily w.e.f. 19.02.2003 on the analogy of Accounts Cadre, Animal/Sheep Husbandry Cadre Posts, Patwaris and Section Officers.
CAT further observed that perusal of the record shows that vide SRO-259 dated 18.07.2007 (Annexure A-III), the pay scale of Section Officers of all State Government Departments was upgraded in the pay scale of 7450-225-11500 w.e.f. 01.01.1996 on notional basis and with monetary benefits w.e.f. 19.02.2003. Similarly, vide SRO-94 of 2007, the pay scale of Accounts Cadre was upgraded notionally w.e.f. 01.01.1996 and w.e.f. 19.02.2003 monetarily. It is also seen from records that vide SRO 302 of 2013 dated 20.06.2013 (Annexure X), the pay scale of Patwaries was upgraded from Rs. 3050-4590 to Rs. 4000-6000 notionally w.e.f. 15.12.2005 and monetarily w.e.f. 22.02.2008.
CAT further observed that it is true, as stated by the respondents, that pay fixation/pay revision/removal of pay anomaly lies in the domain of the Executive and the scope of judicial review of administrative decision in this regard is very limited. However, it is also equally well-settled that the Courts can interfere in matters pertaining to pay fixation and pay parity when they find such a decision to be unreasonable, just and prejudicial to a section of employees, CAT said.
CAT further observed that as is clear from preceding, the pay scales of several posts were upgraded with retrospective effect, however, while upgrading the pay scale of the applicants vide SRO 333, the respondents have given prospective effect to the same, which action is discriminatory and arbitrary in nature. The main argument put forth by the respondents is that giving retrospective effect to the upgradation of pay scale of the applicants would lead to huge financial burden. CAT observed that this Bench is not convinced with the arguments raised by the respondents, in as much as, pay scales of several higher posts like Patwari, Section Officer were upgraded with retrospective effect which certainly would also have entailed financial implications, a contrary stand cannot be taken for the applicants herein, who are working on lower level posts like Junior Assistants etc.
With these observations, CAT allowed the petition.
—JNF
  Share This News with Your Friends on Social Network  
  Comment on this Story  
 
 
 
Early Times Android App
STOCK UPDATE
 
 
 
 
 
 
 
   
Home About Us Top Stories Local News National News Sports News Opinion Editorial ET Cetra Advertise with Us ET E-paper
 
 
J&K RELATED WEBSITES
J&K Govt. Official website
Jammu Kashmir Tourism
JKTDC
Mata Vaishnodevi Shrine Board
Shri Amarnath Ji Shrine Board
Shri Shiv Khori Shrine Board
UTILITY
Train Enquiry
IRCTC
Matavaishnodevi
BSNL
Jammu Kashmir Bank
State Bank of India
PUBLIC INTEREST
Passport Department
Income Tax Department
JK CAMPA
JK GAD
IT Education
Web Site Design Services
EDUCATION
Jammu University
Jammu University Results
JKBOSE
Kashmir University
IGNOU Jammu Center
SMVDU