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2018 DIGILAW 562 (JK)

Gh. Ahmad Shah v. State of JK

2018-07-25

ALI MOHAMMAD MAGREY

body2018
JUDGMENT : 1. In this petition, filed under Article 226 of the Constitution of India read with Section 103 of the State Constitution, the petitioners have sought the following reliefs in their favour: (i). “A writ of Mandamus be issued whereby respondents be directed to release the grade attached to the post of Installation Inspectors-cum-installation Surveyors in favour of the petitioners. (ii). A writ of Mandamus be issued whereby the respondents be directed to regularize the services of the petitioners retrospectively as Installation Inspectors-cum-Installation Surveyors and be also directed to release the grade, i.e. 1400-2600 (Un-revised) in favour of the petitioners from the date they were holding the post of Installation Inspectors-cum-Installation Surveyors. (iii). A Writ of Mandamus be issued whereby respondents be directed to release all consequential benefits attached to the post/grade in favour of the petitioners retrospectively. (iv). A writ of Mandamus be also issued whereby respondents be further directed to settle the claim of the petitioners in light of Judgment passed in SWP No.3353/1994 dated 30-01-2006. (v). With a further direction to the respondents that they shall release all arrears in favour of the petitioners by fixing the pension of the petitioners in such higher grade with all consequential benefits to this effect.” 2. The facts chiseled out from the petition of the petitioners are that the petitioners claim to have been initially appointed as Daily Wagers in the respondent Department way back in January, 1970, October, 1970, June, 1969 and October, 1971, respectively. Thereafter, the services of the petitioners came to be regularized w.e.f. 4th of August, 1980 and since then the petitioners have been performing their duties in the respondent Department. It is stated that since August, 1980, the petitioners have been working as Installation Inspectors-cum-Surveyors till the date of their retirement. The short grievance of the petitioners is that, although, they performed the duties of the Installation Inspectors-cum-Surveyors in the respondent department, yet they were not paid the salary attached to the said post. The petitioners made repeated requests/representations before the respondents for the redressal of their grievances, but, fate had it for them, that these representations were not considered by the respondents. Feeling aggrieved, the petitioners have filed the instant writ petition for the above stated reliefs. 3. The petitioners made repeated requests/representations before the respondents for the redressal of their grievances, but, fate had it for them, that these representations were not considered by the respondents. Feeling aggrieved, the petitioners have filed the instant writ petition for the above stated reliefs. 3. The respondents have filed their objections, wherein it has been submitted that the petitioners, till the time of their superannuation, remained silent and have not, after their retirement, come up with the plea of release of grade through the medium of this writ petition. It is stated that the post of Installation Surveyor, that is the post upon which the petitioners are claiming their right, is a promotional post and a not a direct recruitment post. The petitioners have never drawn salary in the grade attached to the post of Installation Surveyor and, had it been so, as stated, the designation of the petitioners would have been quite different as compared to the one they attained at the time of their superannuation. The respondents have further proceeded to state that the petitioners are not entitled to the doctrine of ‘equal pay for equal work’ as they have never worked on the said designation because they were not appointed for the said purpose by any authority, much less a competent authority. In the end, it has been prayed that the petition of the petitioners, being devoid of any merit, be dismissed. 4. Heard the learned counsel for the parties, perused the record and considered the matter. 5. Admittedly, the petitioners were, initially, engaged as daily wagers in the respondent Department, thereafter, came to be regularized and have since retired on reaching the age of superannuation. The petitioners, while in service, claim to have discharged their services as Installation Inspectors-cum-Installation Surveyors in the respondent Department, but, were not paid the salary commensurate to the services rendered by them. It is not understandable as to why the petitioners did not agitate their grievance, as raised herein this petition, when they were performing their duties in the respondent Department. It is well settled that if an employee, aggrieved to the treatment meted out to him/her by his/her employer as regards to his adjustment, salary, etc., he has to agitate the same at that particular point of time and not after attaining the age of superannuation. It is well settled that if an employee, aggrieved to the treatment meted out to him/her by his/her employer as regards to his adjustment, salary, etc., he has to agitate the same at that particular point of time and not after attaining the age of superannuation. The petitioners, if aggrieved, ought to have agitated the matter at the relevant point of time, i.e. when they were in service discharging their duties with the respondent Department. The petitioners, at the relevant point of time, accepted the arrangement made by the respondents vis-à-vis rendering their services in the respondent Department and the grade attached to such arrangement, and have now, after attaining the age of superannuation, come before this Court seeking release of the grade attached to the posts over which they were performing their duties. 6. In the above background, I am of the view that the petition of the petitioners does not have any merit. It entails dismissal and is, accordingly, dismissed alongwith connected MP(s). Interim directions, if any, in force as on date, shall stand vacated.