MOHD. IQBAL BHAT Vs. STATE

JUDGEMENT

(1.) Posts of Medical Assistants (now called the Pharmacists) were referred to the Service Selection Board in the year 1991 for making selection from amongst the eligible candidates. The Service Selection Board vide advertisement Notification No. 5 of 1991 dated 08.07.1991 advertised the posts. The Service Selection Board made recommendations for appointment of the candidates selected by the said authority to the Director Health Services, Kashmir. Appointment orders were issued by the Director in March, 1993 and the Medical Assistants were ordered to be appointed on regular temporary basis in the pay scale of 950-1500+ usual allowances as admissible under rules. Posts of Medical Assistants (Pharmacists) were placed in the grade of 900-1830 in the year 1991 and further pay revision was ordered in terms of SRO 75 dated 30-03-1992. The pay scale was revised to Rs. 1200-2040. In terms of SRO 75 dated 30-03-1992 it was ordered that fresh appointment to the post of Medical Assistant will initially be made in the pay scale of 950-1500 and they will be placed in the pay scale of 1200-2040 after putting eight years service in the scale of 950-1500. Finding themselves discriminated four persons filed SWP No. 3579/97 titled Mufti-Manzoor Ahmad and Ors v. State and Ors. before this Court. The Court disposed of the writ petition on 11th of July, 2008. The matter was considered by the Respondents at various levels and the law department gave an opinion to the Government which provided that the Petitioners in that writ petition can claim pre-revised grade only if they have been selected and appointed against the notified vacancies. It was also mentioned in the said opinion that they will not be entitled to higher pay scales in case their appointment has been made against future vacancies and accordingly directed the department to ascertain as to whether Petitioners have been so appointed against the notified vacancies or not. It was also opined that in the former case in SWP No. 3579/1997 the Petitioners would be accorded higher pay scale. Finding the Petitioners in SWP No. 3579/97 entitled to higher pay scale Government Order No. 01 of 2008 dated 20.6.2008 has been issued. Learned Counsel for the Petitioners has produced a copy of the said order which is taken on record.

(2.) Reply affidavit has not been filed. In both these writ petitions claim of the Petitioners is that they were selected as Medical Assistants (Pharmacists) when they sought consideration for being selected and appointed on the said posts in pursuance of the Service Selection Board Advertisement Notification No. 5 of 1991 dated 8.7.1991. It is pleaded in the writ petition that the Petitioners are similarly circumstanced with the Petitioners in SWP No. 3579/97.

(3.) Heard learned Counsel for the parties and considered the matter.