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J&K High Court · body

2009 DIGILAW 379 (JK)

Surinder Singh Jamwal v. State

2009-07-31

SUNIL HALI

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1. Taking benefit of providing employment under a Half Million Jobs Scheme, unemployed Graduates and Post Graduates were adjusted as Stipendiary Volunteers at a monthly stipend of Rs. 220/-. Government Order No. 450-GD of 1975 dated 24-2-1975 provided for immediate adjustment of stipendiary volunteers against seven vacancies in the grade of Rs. 280-500. The aforementioned order further envisages that 33% of future direct vacancies (non- technical) in the pay scale of Rs. 280-520 in different departments will be earmarked for stipendaries of volunteers service corps. Taking benefit of the aforementioned order, petitioner, who was appointed as stipendary volunteer came to be adjusted as Junior Assistant in the pay scale of Rs. 200-320 in the year 1975. Seeking benefit of Government Order No. 450-GD of 1975 dated 24-2-1975, petitioner was required to be adjusted in the pay scale of Rs. 280-520. 2. The State Government vide SRO No. 422 dated 14-7-1976 established State Roads Transport Corporation (SRTC) resulting conversion of Government Transport Undertaking (GTU) in SRTC. An option was sought from the employees of erstwhile GTU for their absorption in the SRTC or to retain their status as government employee for purposes of pensionary benefits available to them under the government rules. The petitioner being employee of the GTU opted for pensionary benefits as were available to him under government rules. After his adjustment in the GTU, petitioner sought implementation of Government Order No. 450 GD of 1975 dated 24-2-1975 for being placed in the pay scale of Rs. 280-520. His request for the same remained unattended. Having failed to obtain any response from the respondents in this regard, petitioner was impelled to file Writ Petition bearing SWP No. 2222/2001 in this court, which came to be disposed of on 24-7-2002 with a direction to the respondents to accord consideration for extending benefit to the petitioner of Government Order No. 450- GD of 1975. It was in pursuant to the direction of this court that the respondents issued Government order No. 43 TR of 2004 dated 27-9-2004 according sanction to the Supernumerary Post of Booking Manager in the pre- revised pay scale of Rs. 280-520 from 24-2-1975 to 19-10-1978 in the Corporation. The petitioner after the issuance of the aforementioned order of according retrospective benefit of higher pay scale, sought for consequential benefits of the higher pay scale and status in this regard. 280-520 from 24-2-1975 to 19-10-1978 in the Corporation. The petitioner after the issuance of the aforementioned order of according retrospective benefit of higher pay scale, sought for consequential benefits of the higher pay scale and status in this regard. He claims that the benefit which would accrue to him on account of his retrospective promotion, would entitle him to become General Manager w.e.f. 2-11-1999 when his junior namely Ghulam Rasool Wani came to be appointed as such. There is other aspect of the matter also which relates to the appointment of petitioner as Depot Manager w.e.f. August, 1988 in response to advertisement notice dated 6-5-1988. Petitioner sought his appointment as direct recruit. 3. The respondents instead of granting due benefit of promotion to the petitioner which accrued to him from time to time, vide order dated 4-10-2005 rejected claim of petitioner both in terms of stratus and monetary benefit after he was designated as Depot Manager in the year 1975. It is this order, which is the subject matter of challenge before this court. 4. I have heard the learned counsel for the parties and perused the record. 5. Short grievance of the petitioner is that after he was accorded retrospective benefit of pay scale of Rs. 280-520 w.e.f. 1975, he is entitled to receive all consequential benefits in terms of status and monetary. He claims that determination of consequential benefits was to be made taking into consideration the benefits which have been conferred on the persons who were juniors to him both in GTU and SRTC . The appointment of petitioner as Depot Manager in pursuance to the advertisement issued in the year 1988 will not take away his right to seek benefit of order dated 24-2-1975. 6. On the other hand, stand of the respondents is that petitioner was granted benefit of Government Order dated 24-2-1975 and Supernumerary Post of Booking Manager was created w.e.f. 24-2-1975 to 19-10-1978, but having applied for the post of Depot Manager in the direct recruitment quota, petitioner is not entitled to any future benefit in pursuant to order No. 43 TR of 2004 dated 27-9-2004. 7. Petitioners entitlement to the benefit of Government Order dated 24-2-1975 was by way of a policy decision taken by the State Government to place all the stipendaries in the pay scale of Rs. 280-520. 7. Petitioners entitlement to the benefit of Government Order dated 24-2-1975 was by way of a policy decision taken by the State Government to place all the stipendaries in the pay scale of Rs. 280-520. After having found him entitled to the said grade by creating Supernumerary Post, the petitioner would be entitled to all the consequential benefits including monetary as well as in status. Mere fact that the petitioner had applied in the direct recruitment quota in the year 1988, would not disentitle him from seeking the benefit of Government Order No. 45- GD of 1975 dated 24-2-1975. It would be wrong to aver that petitioner after having been appointed as direct recruit in the year 1988 would loose his status of an employee of the erstwhile GTU. The respondents did not take into consideration this fact while issuing Government Order No. 43 TR of 2004 dated 24-9-2004. By virtue of this order, petitioner was given retrospective benefit of the grade w.e.f. 1975. The plea taken by the respondents in the impugned order is nullified by issuance of the aforesaid order. The petitioner was entitled to all consequential benefits both in terms of promotion and monetary after the issuance of Government Order dated 27-9-2004. 8. I accordingly allow this writ petition and direct the respondents to grant the petitioner all consequential benefits in pursuance to Government Order No. 43 TR of 2004 dated 27-9-2004. Petitioner would be given same benefits as have been given to S/Shri J.C. Kotwal and Ghulam Rasool Wani, who were junior to him. Let this exercise be completed by the respondents within a period of three months from the date copy of this order is received by them.