ALL J&K DIPLOMA ENGINEERS Vs. STATE OF J&K

JUDGEMENT

(1.) THE State after showing initial zeal of filing a Caveat has not taken any step to file its counter pleadings. The fact that the Caveat of the Caveaters was duly listed is noticed in the order dated: 25 -03 -1998. There was appearance on behalf of the State on 15 -05 -1998. Government Advocate has been appearing on later dates also. However, perusal of the file indicates that counter affidavit has not been filed. The facts as projected in the petition are as under.

(2.) J &K Civil Services (Higher Standard Pay Scale Scheme) Rules, 1996 were framed. SRO 14 was issued on 15 -01 -1996. The Scheme which was enforced by this SRO was called as Higher Standard Pay Scale Scheme. Rule 5 of the Scheme provided that "an employee covered under these Rules, who has not got any promotion or promotional scale/selection scale in his service career and has completed 18 years or more but less than 27 years of regular satisfactory service before 01 -01 -1995 will be allowed w.e.f. 01 -01 -1995 in place of his existing scale the second Higher Standard Pay Scale specified in column 4 of Schedule 1 of these Rules." The other benefits which could be allowed have also been serialised in these Rules. Under Rule 9, an employee was supposed to exercise an option to join this scheme. This Rule dealing with exercise of option reads as under. -

(3.) IN para 2 of the petition, the petitioners submit that all the Diploma Holders were given the pay scale of Rs. 2500 -4000 and 2200 -38000 by the respective Chief Engineers in the years 1996 -97. What has given cause of action to the petitioners and other members of the Association is the issuance of the circular dated: 10 -03 -1998. In this circular the following facts have been mentioned: -