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2013 DIGILAW 102 (JK)

Ashok Kumar Sharma v. State & Ors.

2013-02-20

MANSOOR AHMAD MIR

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1. Petitioner, by the medium of this writ petition, seeks writ of mandamus to the effect that respondents be directed to release the grade of Rs. 1150-2050 (Pre-re-vised), in pursuance to SRO 393 of 1997, in his favour, retrospectively. 2. Respondents have filed reply and contended that petitioner, having accepted the order of regularization dated 2nd February, 1983 bearing No. 231 of CEJ, is debarred from raising finger against the said order now after a lapse of more twenty years. It is further contended that petitioner had been promoted twice since then and he was quite contended with the way his service career was progressing. It is also pleaded that representation of the petitioner for grant of higher scale as per SRO 393 dated 271h November, 1997, was received and recommendation was also made, but upon consideration, the case, for grant of higher pay scale in favour of petitioner, was rejected. 3. I have heard learned counsel for the parties. 4. Having reflected the relief prayed for by the petitioner and the respondents' response to it, foundation of the case needs a little demonstration, thus: 5. Petitioner had joined the respondent-department way back in 1976 as Permanent Daily Labour, for short as PDL, his services were regularized and he was placed in the higher grade which is equivalent to the grade of Rs. 5000-8000. Petitioner had made a representation to the respondent-department to the effect that he has wrongly been placed in the said grade because he being a matriculate, and a diploma holder in the concerned field, deserves a better grade in terms of the rules governing the field. 6. The stance of the respondents, to meet the contentions of the petitioner and to justify the rejection of higher grade in his favour, is quite clear. It would be apt to reproduce para 6,8,9 and 11 of the reply herein, thus: "6 & 8. That in reply to paras 6 to 8, it is submitted that the petitioner made representation through proper channel to the Chief Engineer for grant of higher scale as per SRO 393, the Executive Engineer concerned were the petitioner is presently performing his duty furnished the representation through Superintending Engineer. That in reply to paras 6 to 8, it is submitted that the petitioner made representation through proper channel to the Chief Engineer for grant of higher scale as per SRO 393, the Executive Engineer concerned were the petitioner is presently performing his duty furnished the representation through Superintending Engineer. The Superintending Engineer Maintt and RE circle-1 Jammu vide his letter No: SEI/3796-97 dated 10-10-2002 forwarded the same case to the Chief Engineer Maintt & RE Wing Jammu for further necessary action as per SRO 393. The Chief Engineer Maintt and ' R&E wing Jammu has recommended the case of the petitioner and the sent to the principal Secretary to Government Power Development Department, Jammu with the plea to release the pay grade 1150-2050 (pre-revised) in pursuance of SRO 393 of 1997 on the basis of matriculate and ITI trained as per certificate and technical services rendered by the petitioner was not covered under rules, the same has not been accepted by the authorities. 9-11. That in reply to paras 9 to 11, it is submitted that the Under Secretary to Government Power Development Deptt. Department directed the Chief Engineer Maintt & RE wing Jammu with the request to intimate whether a post in scale of 1150-2050 (Pre-revised) now 5000-8000 has become w.e.f 1-3-2003. Though a post of (1150-2050) i.e. (5000-8000) revised was vacant w.e.f 1-3-2003, that does not mean the post was to the given to the petitioner by giving him two step up promotion." 7. The factum of petitioner being a matriculate and a diploma holder in the concerned field is the sole thing, which made the petitioner 'conceive an idea of laying a claim for higher pay scale. All said and done, the narration made herein-above makes one thing, at least, fairly clear that, petitioner had remained in deep slumber for a long period of more than twenty years to stake a claim as made in the writ petition, and is thus caught by the law of estoppel and principles of delay and latches. The writ petition, only on this count, merits dismissal and is dismissed as such along with all CMAs. Interim direction, if any, shall stand vacated.