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J&K High Court · body

2000 DIGILAW 259 (JK)

Jatinder Keser v. State

2000-11-15

O.P.SHARMA

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1. The petitioners are engineering graduates. They have been appointed junior Engineers in Technical Education department. Their grievance is that as per schedule I to the J&K Industrial Training (Subordinate Service Recruitment Rules 1979) the post of Junior Engineer in category of Executive carriers the pay scale of Rs. 2000-3400. They were thus wrongly appointed to a non existing grade although the Junior Engineers Executive in the Technical Education department have all-along been appointed to the pay scale of 4650-2800 which was revised to 5200-3400 vide SRO 75 of 1992. The relief prayed by the petitioners is that they be deemed to have been appointed in the pay scale of Rs. 2000-3400 and grant the arrears also from the date they were appointed, 2. The stand of the respondents is that vide SRO 75 of 1992 dated 23-03-1992 all Junior Engineers working in the pay scale of Rs. 1300-2550 were placed in the higher pay scale of 1760-3200. It further provided that fresh recruitment of Junior Engineers would be in the pay scale of Rs.1400-2300. The maintainability of the petition is also challenged on the ground that the petitioners having applied for the post advertised in the pay scale of Rs. 1400-2300, and after being selected accepted the appointment cannot claim higher pay scale. 3. The contention of Mr. Bhardwaj is that SRO 75 of 1992 does not repeal or modify the recruitment rules of the Service to which the petitioners belong. His further contention is that Rule 9 (f) and Pay Rules issued vide SRO 75 of 1992 does not apply to the petitioners as they are not members of Engineering service. 4. Mrs. Neeru Goshwami on the other hand argued that SRO 75 of 1992 applies to every Civil Service under the State because each grade has been revised. Her further plea is that the petitioners having applied to the post advertised in the pay scale of Rs. 1400-2300 cannot ask for higher pay after accepted the appointment. 5. The case of the petitioners is that the post of Jr. Engineer Executive under the Jammu and Kashmir Industrial Training (Subordinate Service Recruitment Rules 1979) was created in 1979 in the pay scale of Rs. 450-850. This grade was revised to 875-1400 vide SRO 91 dated 22-03-1980 with effect from 01-01-1982. 5. The case of the petitioners is that the post of Jr. Engineer Executive under the Jammu and Kashmir Industrial Training (Subordinate Service Recruitment Rules 1979) was created in 1979 in the pay scale of Rs. 450-850. This grade was revised to 875-1400 vide SRO 91 dated 22-03-1980 with effect from 01-01-1982. Again vide SRO 370 of 1987 this grade was revised to 1650-2800 and subsequently to 2000-4400 vide SRO 75 of 1992 dated 23-03-1992. 6. The question involved is whether the grade of the post of Jr. Engineer in category of Executive appointed under the Industrial Training Service Recruitment Rules 1979 has also been revised vide SRO 75 of 1992. This has to be examined with reference to the J&K Civil Service Revised pay Rules 1992 (for short Pay Rules 1992 hereinafter) Rule 9 (f) of the Pay Rules reads as under:- Junior Engineers. All Junior Engineers, presently in the scale of Rs.1300-2500, will be placed in the revised pay scale of Rs.1760-3200. The fresh recruitment to the posts of Junior Engineers (both Diploma and Degree holders) will be made in the pay scale of Rs.1400-40-50-2300 and they will be placed in the higher revised pay scale of Rs.1760-3200 after putting in eight years of service in the former pay scale). The Degree holders will be entitled to eight advance increment on their initial appointment in the pay scale of Rs.1400-2300.� So the rule applies to the post of Junior Engineer appointed in the pay scale of Rs.1300-2550 only. This grade admittedly is not available for the Junior Engineer in the category of Executive under the J&K Industrial Training (service) Recruitment Rules 1979, because the qualification prescribed for the post is different than the post of Junior Engineer in the Engineering service or such service in any other department. This distinction is evident from item 1 to Schedule 1 to these Rules which is extracted below :- Clause Category Designation of Grade Mini mum Method the post qualification of for direct recruitment 1 2 3 4 5 6 1. Executive Jr. Engineer 45-850 Degree in lect/tech By Metallurgy Direct Engg. from Recruitment a recognized Instt. With years tech/work 7. So from the plain language of Rule 9 (f) it applies to the Junior Engineers appointed in the pay scale of Rs. 1300-2550 only whose grade has been revised to Rs. 1400-2300. Executive Jr. Engineer 45-850 Degree in lect/tech By Metallurgy Direct Engg. from Recruitment a recognized Instt. With years tech/work 7. So from the plain language of Rule 9 (f) it applies to the Junior Engineers appointed in the pay scale of Rs. 1300-2550 only whose grade has been revised to Rs. 1400-2300. But since as Junior Engineer(s) under the J&K Industrial Training services Recruitment Rules 1979 were not appointed in the pay scale of Rs. 1300-2550, the petitioners could not be appointed to a next existing grade. It is not disputed that out of eight posts of Junior Engineers (Executive) sanctioned in the Directorate of Technical Education, three persons stand appointed in the pay scale of Rs.2000-3400. Even vide advertisement notice No.5 of 1992 dated 29-12-1992 this post was advertised in the pay scale of Rs.2000-3400. But as there is no post of Junior Engineer in the Directorate of Technical Education carrying the pay scale of Rs.1300-2550 no appointment could be made in that grade. Further as there was no post in the pay scale of Rs.1300-2550 in the Technical Education Rule 9(f) of the pay Rules had no application to the post of Junior Engineer(s) in the said department. The position becomes further clear when we refer SRO 370 of 1987 in terms of which the pay scale of 875-1400 was revised to 1650-2800 and scheduled to SRO 75 of 1992 in terms of which the existing pay scale are 1650-2800 was revised to 2000-60-2300-3200-100-3400. Since this grade remained intact and the pay scale of 1350-2550 did not exist in the Technical Education for the Junior Engineers, the petitioners were wrongly appointed to non- existing pay scale. 8. There is another aspect of the case. As per the Rule 9(f) of the pay Rules 1992 both Degree Holders and Diploma Holders are to be appointed Junior Engineers in the pay scale of Rs. 1400-2300. The Degree Holders have however, been given the benefit of advance increments. But the qualification prescribed for the post of Junior Engineer in the category of Executive in the technical education is degree in Elect/Mech/Metallurgy Engineering with one year™s teaching/workshop experience. This makes the service of Junior Engineer in the Technical Education distinctly different because the minimum qualification for the post in degree in Engineering with one years teaching or workshop experience. But the qualification prescribed for the post of Junior Engineer in the category of Executive in the technical education is degree in Elect/Mech/Metallurgy Engineering with one year™s teaching/workshop experience. This makes the service of Junior Engineer in the Technical Education distinctly different because the minimum qualification for the post in degree in Engineering with one years teaching or workshop experience. It is not so for the post of Junior Engineer in Engineering Service or else-where. So the post of Junior Engineer in the category of Executive in the Industrial Training Service Rules 1979 is distinctly different from other Junior Engineers as the minimum qualification is different. It is thus not a common service but a separate one for which different pay scale can be prescribed and the nature of job is also different. 9. There is yet another reason for holding that the grade of the Executive Junior Engineer is not changed and this is because even the grade of the Demonstrator in the Directorate of Technical Education is Rs.2000-3400 even then his qualification is only Diploma in Engineering. It is an admitted fact that two of the petitioners are posted in the Jammu Polytechnic which means the service is transferable. 10. Lastly there is a specific averment made by the petitioners that the earlier the appointments to the post of Junior Engineer Executive have been made in the pay scale of Rs.2000-3400. This fact has not been controverted by the respondents. If that be so, the petitioners cannot be treated differently. The petitioners have thus, right question the wrong application of SRO 75 of 1992 to the Junior Engineers Executive category appointed to the service constituted under Industrial Training (Subordinate Service Recruitment Rules) 1979. Even otherwise reading of Rule 9(g) of the Pay Rules 1992 makes it abundantly clear that the Rule 9(f) of the pay Rules applies only to Engineering service. 11. Accordingly this petition is allowed and the respondents are directed to treat the petitioners having been appointed in the pay scale of Rs.2000-3400. However, as the petitioners have accepted appointments in the pay scale of Rs.1300-2300 only they are not entitled to the arrears. The respondents are further directed to refix their pay in the pay scale of Rs.2000-3400 with effect from the date of this Judgment. I make the order accordingly.