Ashok Kumar Sharma v. A. K. Mehta Principal Secretary to Government Power Development Department, Civil Secretariat at present at Srinagar
2015-04-08
DHIRAJ SINGH THAKUR, N.PAUL VASANTHAKUMAR
body2015
DigiLaw.ai
Judgment N. Paul Vasantha kumar C.J. 1. This contempt petition is filed for non-compliance of the interim directions issued in LPASW No.90/2013 dated 16.05.2013 wherein the respondents were directed to consider and take a decision in the matter within the notice period on the claim of the petitioner for release of pay scale of 1150-2050 (pre-revised) in light of the communication dated 31.03.2002 sent by Chief Engineer to Principal Secretary to Govt. Power Development Department, Jammu. 2. After taking notice by the learned counsel for the respondents, respondent No.3 passed order dated 06.04.2015 wherein it is stated that the petitioner cannt be given two steps higher grade which is impermissible under rules. As per rules governing appointment and promotion of non-gazeted cadre of PDD in terms of SRO 381 of 1981, the petitioner had to be first promoted to the grade of 4000-6000 before being promoted to the grade of 1150-2050(PR) 5000-8000(PR), as claimed by the petitioner, therefore, his claim is not maintainable. 3. Keeping in view of the aforesaid order dated 06.04.2015, no willful disobedience is made out, therefore, the contempt petition is dismissed.