LAWS(J&K)-2021-12-58

MOHAMMAD FAROOQ SHAH Vs. STATE OF J&K

Decided On December 03, 2021
Mohammad Farooq Shah Appellant
V/S
STATE OF JANDK Respondents

JUDGEMENT

(1.) Petitioner has challenged Government Order No.2327-LD(A) of 2016 dtd. 22/8/2016, whereby his claim for stepping up of his pay at par with his junior counterpart has been rejected.

(2.) The facts giving rise to the filing of the instant writ petition are that petitioner was appointed as a Junior Assistant in the Courts subordinate to the High Court of Jammu and Kashmir on 8/6/1979 and was later on confirmed in the said post in terms of order No.882 dtd. 13/12/1986. In terms of order No.207 dtd. 27/7/1996, petitioner along with others was granted insitu promotion as per the J&K Civil Services (Higher Standard Pay Scale Scheme) Rules, 1996 placing him in the 1st Higher Standard Pay Scale w.e.f. 1/1/1995. Petitioner was granted functional promotion to the post of Senior Assistant in the pay scale of 1200-2040 in terms of order No.349 dtd. 15/10/1996 and was later promoted to the post of Head Assistant, on which post he superannuated on 31/12/2010.

(3.) Case of the petitioner is that one Mohammad Ramzan Dar, who figured junior to him in the seniority list of Junior Assistants, was, at the time of fixing his pay in the higher post of Senior Assistant, granted higher pay scale of Rs.1400.002300/as against the pay scale of petitioner which was fixed at Rs.1200.002040. According to the petitioner, as per SRO 225 of 1997, his pay scale was eligible to be stepped up so as to bring it at par with the pay scale of his junior, namely, Mohammad Ramzan Dar. It is further submitted that in the case of another employee, namely, Mushtaq Ahmad Bhat, who is also figuring junior to the petitioner but senior to aforenamed Mohammad Ramzan Dar in the seniority list of Junior Assistants, the benefit of stepping up of pay has been accorded to him by respondents No.1, 3 and 4 by applying the provisions of SRO 225 of 1997 whereas similar treatment has been denied to the petitioner.