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| HC directive to PCB on JEs( Env) | | | Early times Report
Jammu, Jan 01- Allowing the petition filed by Junior Engineers(Environment) seeking higher pay scales, Justice Sunil Hali of Jammu and Kashmir High Court today directed State Pollution Control Board SPCB) to pass appropriate orders placing the petitioners in higher grade initially from the date of their appointments as Junior Engineer Environment instead of lower grade to which they have been appointed and consequently they be also given all the consequential benefits including monetary benefits.
This significant judgment was passed in a petition filed by Tarsem Singh Chib & Ors who were appointed in the State Pollution Control Board in the pay grade of Rs 4500-7000 instead of Rs 5700-10100. Aggrieved by this order, the petitioners filed the present petition praying that respondent be directed to grant the pay-scale of Rs 5700-10100 from the date of their appointment.
After hearing Senior Advocate Sunil Sethi with Advocate Ravi Dogra appearing for the petitioners, Justice Hali observed that it seems that the State has implemented the judgments passed by the High Court and given the benefit to the persons who claimed higher grade at the entry level. On the other hand, Vinod Bakshi Deputy Advocate General appearing for the state stated that the benefit of higher grade is given only after completion of eight years of service. Upon this, the Court further observed that it is manifest that once the State Government has complied the direction of the court in various judgments, where similar question of law was raised, the petitioners also claimed that they are also entitled to the same benefit, even though the State Government has granted this benefit to the similarly situated persons without amending the aforesaid SRO. But it has to be assumed in law and by implication that the power has been exercised by the State Government by relaxing this condition in the SRO. To put it straight, the Government, after relaxing the aforesaid condition, has permitted the persons to be appointed directly in higher grade and not in the lower grade at the entry level. The same power is also required to be exercised by the State in the present writ petition. Court directed the respondents to pass appropriate orders placing the petitioners in higher grade initially from the date of their appointment as Junior Environmental Engineers with monetary benefits and complete this exercise within three months from the date copy of this order is received by the respondents. JNF
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