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2017 DIGILAW 329 (JK)

Rajinder Singh v. State of J&K

2017-07-15

SANJEEV KUMAR

body2017
JUDGMENT : 1. The petitioners, it is submitted, came to be appointed as daily wagers in the Public Health Engineering Department and after rendering several years of service were regularized. The petitioners submitted that respondent No.2 vide No.PHEJ/3417-37 dated 11.06.1993, in partial modification of its earlier circular/instructions provided that all those officials who have notionally completed atleast three years in the lower grade and have physically worked against the post for atleast one year shall be eligible for next higher grade. It is submitted by the learned counsel for the petitioners that the aforesaid order was applied to the employees selectively and those, who were not granted the benefit of aforesaid circular, approached this Court through the medium of several writ petitions and this Court disposed of the writ petitions by directing the respondents to grant benefits to the petitioners. Pursuant to the orders issued by this Court after considering the cases of the petitioners therein, benefit of next higher grade has been extended to them by placing them in the next higher pay scale. The petitioners, therefore, claim that they are similarly situate and are fully entitled to the benefit of next higher grade in terms of Circular dated 11.06.1993 but the respondents are not considering their cases. 2. Learned counsel for the petitioner states that the petitioners would feel satisfied, if this writ petition is disposed of by directing the respondents to take note of the Circular No. PHEJ/3417-37 dated 11.06.1993 and consider the cases of the petitioners on the analogy of the similarly situated persons. To this submission of learned counsel for the petitioners, learned counsel for the respondents has no objection. Therefore, with the consent of learned counsel for the parties, this writ petition is admitted and taken up for final disposal. 3. In view of the controversy involved and the parties at ad idem, this writ petition is disposed of by directing the respondent No.2 to take note of the circular issued by it being Circular No. PHEJ/3417-37 dated 11.06.1993 and consider the cases of the petitioners for granting them the benefit of next higher grade. It is made clear that while doing so, respondent No.2 shall take into consideration the fact that persons similarly situated with the petitioners have already been granted the aforesaid benefit. It is made clear that while doing so, respondent No.2 shall take into consideration the fact that persons similarly situated with the petitioners have already been granted the aforesaid benefit. Let the consideration be accorded to the petitioners’ case, as aforesaid, within a period of one month from the date of receipt of certified copy of this order.