UT OF J&K Vs. JOGINDER SHARMA

JUDGEMENT

(1.) This is a Letters Patent Appeal against the judgment and order dated 10.02.2020, whereby the petition filed by the petitioner-respondent herein was allowed and he was held entitled to wages @ Rs. 14,800/- per month representing the basic minimum pay scale of Class-IV employees in terms of SRO 193 dated 24.04.2018. Briefly stated, the material facts are as under:-

(2.) The respondent came to be engaged as an Orderly on temporary basis on a consolidated pay of Rs. 2550/-, which was the minimum basic pay of Class-IV employees, in the Surinsar-Mansar Development Authority, by virtue of order dated 21.07.2008. The respondent continues to be working as such on consolidated basis. The case set up by the respondent in the writ petition was that he was initially engaged in the Surinsar-Mansar Development Authority on need basis and thereafter, his status was converted from need basis to consolidated employee in terms of order dated 21.07.2008. As per the order dated 21.07.2008, the respondent was appointed in the consolidated pay of Rs. 2550/-, which was the minimum basic pay of Class-IV employees. It would be pertinent to reproduce the relevant portion of the order dated 21.07.2008 hereunder:-

(3.) The grievance of the respondent as reflected in the writ petition was that on account of the application of SRO 193 dated 24.04.2018, the basic pay of employees working against substantive posts was enhanced to Rs. 14,800/- while the respondent was being paid Rs. 5740/- after the application of the revision of 6th Pay Commission. The respondent, therefore, sought the minimum of the scale at Rs. 14,800/- per month in terms of SRO 193.