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J&K High Court · body

2002 DIGILAW 346 (JK)

Madan Mohan Sharma v. State

2002-11-07

R.C.GANDHI

body2002
(ORAL) 1. Petitioners by means of this petition seek issuance of Writ of Mandamus commanding the respondents to grant the benefit of 3rd Higher Standard Pay Scale in terms of SRO 14 of 1996 dated 15-01-1996. 2. Petitioners were, initially appointed as Sanitary Inspectors. The Posts of Sanitary Inspectors came to be re-designated as Food Inspectors. The Govt. as a matter of policy up graded 75 posts of Food Inspectors in the pay scale of Rs. 100-220 to 140-275 vide Govt. Order No.666-HD of 197 dated 08-08-1972. With this up gradation the total posts of Food Inspectors in the department came to 89 posts. To rationalise these posts amongst different wings, in the Department, Director Health Services issued Order No: Estt-4/128/10580-10604 dated 07-10-1972. allocating two posts to Directorate Health Services, 8 posts to District Medical Officers, 4 posts to Health Resorts and 75 posts to Primary Health Centers. The petitioners were adjusted on adhoc basis against these posts of Food Inspectors in their own pay scales and subsequently vide order dated 18 having pay scale of Rs 140-275 in their own pay scales and subsequently vide order dated 18-12-1973 they were confirmed as Food Inspectors as recommended by the Departmental Promotion Committee. Their seniority was fixed as was in the lower pay scale. In the meantime Government issued SRO 149 of 1993 dated 7.4.1973 notifying the rules known as Jammu and Kashmir Civil Services (Revised) Pay Rules 1973. The pay scale of Rs 140-275 came to be revised to Rs. 280-520. These rules were made applicable for revision of pay scales w.e.f. 1.7.1772. Thus it is made out from the above facts that petitioners are working as Food Inspectors lu the pay scale of Rs. 140-275-280 -520 w.e.f. 07.10.1972 when they were placed against the upgraded posts. The respondents have not granted any benefit to the petitioners of promotioin in Situ in terms of SRO 14 of 1996. Aggrieved thereof, the petitioners have approached this court seeking the relief prayed for to place them in the 3rd Higher Standard Pay scale under SRO 14 of 1996. 3. The respondents have filed Counter-affidavit stating therein that the petitioners were Sanitary Inspectors and have been 149 of 197 dated 7-4-1973 known as Jammu & Kashmir Civil Services (Revised Pay ) Rules, 1973. The pay scale of Rs. 140-275 was revised to Rs. 280-520. 3. The respondents have filed Counter-affidavit stating therein that the petitioners were Sanitary Inspectors and have been 149 of 197 dated 7-4-1973 known as Jammu & Kashmir Civil Services (Revised Pay ) Rules, 1973. The pay scale of Rs. 140-275 was revised to Rs. 280-520. Be that as it may, it is made out that these rules were made applicable for revision of pay scales w.e.f. 1-7-1972. Be that as it may, it is made out from the above facts that petitioners are working as Food Inspectors in the pay scale of Rs. 140-275/ 280-520 w.e.f. 7-10-1972 when they were placed against the up-graded posts. The respondents have not granted any benefit to the petitioners. In situ promotions in terms of SRO 14 of 1996. Aggrieved thereof the petitioners have approached this court seeking the relief prayed for placing they in the 3rd Higher Pay Scale under SRO 14 of 1996. 4. The respondents have filed Counter Affidavit stating therein that the petitioners were Sanitary Inspectors and have been promoted to the post of Food Inspectors by up gradation of the posts on the basis of the recommendations of the Departmental Promotion Committee, therefore, the petitioners having got the benefit of promotion, are not entitled to the relief prayed for. 5. Heard learned Counsel for the parties and perused the record. Admitted facts are that the petitioners were placed in the pay Scale of Rs.140-275-280-520 and are working w.e.f. 7.10.1972 ill the same pay scale. 6. The plea of the learned counsel for the respondents is that petitioners have been promoted and redesignated as Food Inspectors, therefore, they are not entitled to be granted third promotion In Situ in view of the clarification sought by the respondents from the Finance Department, which says that in upgradation, if nomenclature of the post is changed in that event Such person shall not be entitled to promotion This clarification is not applicable to tile case of tile petitioner for the simple reason that petitioners are working as Food Inspectors since 1972. Up gradation of the post is not a promotion. Promotion is always against a higher post in the service. The posts of Sanitary Inspectors were not tile feeding source for promotion to the post of Sanitary Inspectors. The petitioners were adjusted on 7.10.1972 against the upgraded posts. Up gradation of the post is not a promotion. Promotion is always against a higher post in the service. The posts of Sanitary Inspectors were not tile feeding source for promotion to the post of Sanitary Inspectors. The petitioners were adjusted on 7.10.1972 against the upgraded posts. Thereafter they have not been promoted and are discharging their duties for tile last over 30 years in a particular pay scale, of course subject to tile Scale of Pay on Pay revision. The respondents have promulgated SRO 14 to remove stagnation of the employees. The petitioners have been stagnated oil a post since 1972 which is not denied by the respondents. 7. Mr. D.C. Raina, learned counsel for the petitioners has Submitted that the petitioners are entitled to be placed in 3rd Higher Standard Pay Scale in terms of Rule 5 of SRO 14 of 1996 read with schedule annexed with the Rules, on the ground that the petitioners have been working in a particular pay scale and are stagnated for over 27 years. Rule 5(1)(a) being relevant is extracted below: 5. Grant of Higher Standard Pay Scale.. 1 )(a) An employee covered under these rules Who has not got any promotion or promotional scale/selection in his service career and has completed 18 years or more but less than 27 years of regular satisfactory service before 01-01-1995 will be allowed w.e.f. 01-01-1995 in place of his existing scale the second Higher Standard Pay Scale specified in column 4 of Schedule of these rules." 8. Perusal of this provision of law indicates that a public servant who has completed 18 years and has not completed 27 years of service before 1-1-1995 will be placed w.e.f. 01-01-1995 in the next higher pay scale in terms of Column 4 of the Schedule annexed with the Rules. There is no positive rebuttal by the respondents to the fact that the petitioners are working in the same, of course subject to pay Revision and have completed 18 of service before 01-01-1995,. They are thus entitled to 2nd Higher Standard Pay Scale and not 3rd Higher Pay Scale as prayed for. 9. For the aforesaid reasons,, the writ petition is allowed and the petitioners are held entitled to the Second Higher Pay Scale..No order as to costs.