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J&K High Court · body

2009 DIGILAW 540 (JK)

Bilal Ahamd Khan v. State

2009-11-06

MUZAFFAR HUSSAIN ATTAR

body2009
1. Policy decision of the Government to recruit the un-employed youth got crystallized in terms of Government order No. 129-PD dated 4th Dec. 1996. 2. In sequel thereto J&K Service Selection Board issued an advertisement notice No. 03 of 1997 dated 29.04.1997 at serial No.24 thereof posts of Junior Environmental Engineers in the pay scale of 1760-3200 (unrevised) were also advertised. Petitioners being eligible, sought consideration for being selected/appointed to the said post and on the basis of their merit and suitability were selected to the said post and appointment orders were issued in favour of petitioners. The petitioners, however, were ordered to be appointed in the pay scale of 4500-7000 (pre-revised scale 1400-2600), thus in the reduced pay scale and not in pay scale in which the posts were created and thereafter advertised. One Sh. A.B. Jindyal, Field Inspector, was temporarily adjusted against the post of Jr. Environmental Engineer in the scale of 1760-3200 vide order dated 2nd Dec. 1998. The claim of the petitioners is that posts to which they have been appointed were created in the pay scale of 1760-3200 in the advertisement notification also same pay scale was shown attached to said post and petitioners sought consideration for being selected/appointed to the said post in the above said pay scale. The petitioners, however, were appointed in the reduced pay scale which constrained them to make representation. As per pleadings made in the paras 11 and 12 of the writ petition the claim of petitioners was considered by Board of Director on 15th Jan. 2009 and a decision was taken vide Agenda item No. 24: 16 and it was recommended that the Jr. Environmental Engineers be placed in the original grade of revised pay scale 5700-10100(revised) with retrospective effect. 3. The grievance of the petitioners is that that the petitioners were subjected to arbitrary treatment by not having been appointed to the pay scale in which the posts were created and advertised. It is pleaded that different treatment was given to one Mr. A.B. Jindyal as he was adjusted in actual pay scale. Further grievance of the petitioners is that Board of Director have accepted the claim of the petitioners to be genuine and decision taken thereon is not being implemented. Heard Id counsel for petitioner. Considered the matter. 4. The claim of the petitioners appear to be genuine for the reasons that posts of Jr. Further grievance of the petitioners is that Board of Director have accepted the claim of the petitioners to be genuine and decision taken thereon is not being implemented. Heard Id counsel for petitioner. Considered the matter. 4. The claim of the petitioners appear to be genuine for the reasons that posts of Jr. Environmental Engineer were created in the pay scale of 1760-3200 and the posts there-after notified in the same pay scale. Without any justification the petitioners, however, were appointed in the reduced pay scale of 5700-10100 (revised). The petitioners who were in the lower bargaining position probably had no option but to accept the appointment at that point of time, as it is of common knowledge that securing of employment is very difficult in these highly competitive times. The acceptance of appointment on the reduced pay scale by the petitioners, however would not condone the illegality committed by the respondents in not appointing them in the pay scale in which posts were created and notified. The respondent-state and its authorities are duty bound to follow the mandate of constitution and the laws made by them. The action of the respondents in appointing the petitioners in reduced pay scale in the fact situation falls foul of Article 14, 16 and 21 of the Constitution. The court is thus, left with no option but to direct the respondents to follow the mandate of Constitutional provisions. 5. This petition is accordingly disposed of with an observation that the respondents will consider the claim of petitioners for grant of pay scale 5700-10100 (revised) from the date of their appointment as has been recommended by Board of Directors and issue appropriate orders within a period of two months from the date copy of this order is served on them. 6. Disposed of along with connected CMPs.