TARIQ AHMED SHAH Vs. STATE

JUDGEMENT

(1.) Petitioners came to be appointed as Technician-III/electricians in respondents' department after undergoing through proper selection process which was initiated in terms of advertisement Notice No. 06/1997 dated 01.07.1997. Petitioners after their appointment claimed benefits given by rules called Jammu and Kashmir Civil Services (revised pay) Rules 1973, (for short rules of 1973). Service writ petition No. 1514/02 filed by the petitioners was disposed of without notice to respondents by order dated 12th Dec. 2002, calling upon the respondents to examine the claim(s) put-forth by the petitioners in the writ petition and to take a reasonable decision within three months from the date of the receipt of copy of the judgment as also of the writ petition.

(2.) Respondents considered the claim of the petitioners and vide order No.DC/PD/Adm-iv/302 of 2003 dated 20th Oct. 2003 rejected the claim of the petitioners. The petitioners being aggrieved of the said order have challenged the same in this writ petition.

(3.) Respondents have filed objections in which it is stated that petitioners having been appointed after 1981 they are not entitled to any benefit which was available in terms of rules of 1973. Reference is also made to some judgment(s) passed by the court on the same subject matter. A specific stand is taken by respondents in the objections that the rules of 1973 notified vide SRO 149 of 1973 stand repealed vide SRO 381 of 1981, thus no benefit can be extended to the petitioners in pursuance of the rules which are non-existent.