VIJAY GUPTA Vs. STATE OF J&K

JUDGEMENT

(1.) A Government Order issued on 22 -04 -1998 whereby the Commissioner & Secretary to Government, Housing & Urban Development Department has formed an opinion that the petitioners had not done any extra -ordinary work which warranted grant of advance increments, is subject matter of challenge in this petition. For facility of reference the above order is being reproduced below: -

(2.) THE basic contention of the two petitioners is that in the capacity of Chief Khilafatwarzi Officers they had done extraordinary work. They had shown dedication, devotion and integrity to the entire satisfaction of their superiors. On account of their distinguished service, they were allowed two advance increments. An order to this effect, copy whereof is annexure D was passed. For facility of reference this order is being reproduced below: -

(3.) IT is the conferring of this benefit which has been taken away by the State Government. This has basically been done on the plea that the power to grant advance increments vested in the State Government and the order issued in this regard by the Executive Officer of the Jammu Municipality is not in accordance with the law. As the State Government has exercised power under section 51 of the J&K Municipal Act of Samvat 2008, it would be apt to notice this provision also. This reads as under: -