JAMMU Vs. RAM AWADH

JUDGEMENT

(1.) The appellant-Jammu and Kashmir State Agro Industries Development Corporation Ltd assails the judgment dated 14.12.2012 passed by the learned Single Judge of this Court in W.P.(C) 2877/2011. The learned Single Judge has allowed the writ petition preferred by the respondent and held that the respondent who was appointed as a Senior Store Keeper, was entitled to pay-scale of 300-650. The appellant has been directed to place the respondent in the said pay scale from the date of his appointment i.e 14.8.1980. The appellant has also been directed to pay to the respondent the difference of pay and allowances, with all consequential benefits of service, of Senior Store Keeper.

(2.) Learned counsel for the appellant, firstly, submits that in the year 1980 when the respondent applied for and obtained employment in the appellant-organization, the post of Senior Store Keeper was not in existence at Delhi, and only the post of Store Keeper in existence in Delhi was in the grade of 220-430. In this regard, our attention is drawn to the Order No. Agro/Admn/153/AIDCL of 1977 dated 10.9.1977. Counsel for the appellant also refers to the application submitted by the respondent in response to an advertisement issued in the Indian Express on 4.2.1980-inviting applications for the post of Store Keeper. The application made by the respondent was also for the said post of Store Keeper, and not for Senior Store Keeper.

(3.) It appears that though the advertisement was issued for the post of Store Keeper and the respondent also applied for the said post-which appears to be the sanctioned post available at Delhi, the appointment letter issued to the respondent on 14.8.1980 stated that he was appointed as a "Senior Store Keeper". The letter of appointment clearly states that he was appointed in the pay-scale of 260-500 plus usual allowances admissible under the Rules.