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2019 DIGILAW 27 (JK)

State of J&K v. Angraz-ul-Din

2019-01-28

GITA MITTAL, TASHI RABSTAN

body2019
JUDGMENT : GITA MITTAL, J. CDLSW No.7/2019 For the reasons stated in the application, it is allowed and the delay of 98 days in filing the appeal is condoned. LPASW No........................ 1. The Registry to diarize the appeal. 2. We have heard Mr. S.S. Nanda, learned Sr. AAG on behalf of the appellant. In this appeal the challenge is laid to order dated 23rd July, 2018 passed in SWP No.407/2006. 3. The respondents/writ petitioners were Sanitary Inspectors working in the Directorate of Local Bodies, Jammu and posted in different Municipal Councils/Committees. Apart from these Sanitary Inspectors, earlier Jammu Municipality (now Municipal Corporation) was also employing the Sanitary Inspectors. In the year 1994, 30 Sanitary Inspectors of the Jammu Municipal Corporation approached this Court by way of SWP No.242/1994 titled Sunil Gupta and Ors. V. State of J&K and Others seeking pay scale of Rs.1300-2550 (revised to 1760-3200) retrospectively with effect from 12th September, 1991. This writ petition came to be allowed on 1st July, 1996 holding the petitioners therein entitled to the higher pay scale of Rs.1760-3200 retrospectively w.e.f. 12th September, 1991 with all consequential benefits. The arrears were directed to be paid within two months. It is an admitted position that this judgment was complied with and the posts of Sanitary Inspectors in the Jammu Municipal Corporation were upgraded to the higher pay scale retrospectively vide Government Order No.219 dated 3rd September, 1997. 4. During the pendency of the writ petition filed by the Sanitary Inspectors of the Jammu Municipality/Jammu Municipal Corporation, the private respondents, who were serving as Sanitary Inspectors in Local Bodies too approached before the learned Single Judge by way of SWP No.435/1996 claiming parity with their counter parts serving in Jammu Municipality/Jammu Municipal Corporation. This writ petition came to be allowed by the learned Single Judge vide judgment dated 28th February, 2000 directing the respondents therein to take a decision within a period of three weeks, taking note of the judgment dated 1st July, 1996 allowing SWP No.242/1994. 5. It appears that the Local Bodies were reluctant to give the benefit of the judgment passed in SWP No.242/1994 to the writ petitioners, who were constrained to file contempt proceedings. 5. It appears that the Local Bodies were reluctant to give the benefit of the judgment passed in SWP No.242/1994 to the writ petitioners, who were constrained to file contempt proceedings. With the intervention of the Court, finally Government Order No.51-Hud of 2004 dated 26th February, 2004 came to be passed, upgrading the pay scale of the writ petitions along with others, who had filed SWP No.435/1996, to the scale of 1760-3200 w.e.f. 12th September, 1991. Unfortunately, release of the grade was made subject to the condition that no arrears shall be paid on account of such up-gradation. It is this condition which came to be challenged by the respondents/writ petitioners by way of SWP No.407/2006. 6. The learned Single Judge has considered the entire matter at length. We find that the learned Single Judge has noted Government Order No.51-Hud of 2004 dated 26th February 2004, wherein the appellant had directed thus:— “(a) the pay scales of the petitioners in SWP No.435/96 are upgraded to the scale of 1760-3200 (pr) w.e.f. 12-09-1991 subject to the condition that no arrears shall be paid on account of such up-gradation; (b) order No.333 DLSJ of 2003 dated 6-12-2003 issued by Directorate Local Bodies Jammu is declared as non-est, as if it was never issued. (c) the expenditure if any required, on account of such up-gradation shall be met out by the Directorate of Local Bodies, Jammu out of its own resources.” 7. The appellants, therefore, have accepted that the respondents before us (writ petitioners) were situated similarly as Sanitary Inspectors in Jammu Municipality/Jammu Municipal Corporation and have also held them entitled to the same relief as was granted to those Sanitary Inspectors. The order of the Court to upgrade their posts retrospectively w.e.f. 12th September, 1991 stands complied with. In this background, the finding of the learned Single Judge is that there is no reason or justification to deny them the consequential arrears payable on account of such retrospective up-gradation without any justifiable reasons. In fact, such arrears having been disbursed to the counter parts of the writ petitioners/respondents, denial thereof to the respondents would be grossly unjust and unfair. 8. In fact, such arrears having been disbursed to the counter parts of the writ petitioners/respondents, denial thereof to the respondents would be grossly unjust and unfair. 8. We, therefore, see no reason to disagree with the learned Single Judge holding the respondents entitled to the arrears on account of their retrospective up-gradation and directing the appellant before us to pay the arrears to the respondents within a period of eight weeks. We also see no reason to disagree with the direction issued by the learned Single Judge that in case the arrears are not disbursed to the writ petitioners/respondents within the prescribed period, the arrears shall attract interest @ 9% per annum from the date the same became due and payable. 9. It is truly unfortunate that despite the fact that before the Writ Court the appellants have accepted that the respondents were entitled to be treated similarly as Sanitary Inspectors in Jammu Municipal Corporation, instead of complying with the directions passed by the learned Single Judge, the appellants have waited 98 days i.e. more than three months and opted to file the present appeal. 10. This appeal is, therefore, dismissed with costs which are assessed at Rs.10,000/- to be deposited in the J&K State Legal Services Authority within a period of four weeks from today.