MADAN MOHAN SHARMA Vs. STATE

JUDGEMENT

(1.) PETITIONERS by means of this petition seek issuance of Writ of Mandamus commanding the respondents to grant the benefit of 3rd Higher Standard Pay Scale in terms of SRO 14 of 1996 dated 15 -01 -1996.

(2.) PETITIONERS were, initially appointed as Sanitary Inspectors. The Posts of Sanitary Inspectors came to be re -designated as Food Inspectors. The Govt. as a matter of policy up graded 75 posts of Food Inspectors in the pay scale of Rs. 100 -220 to 140 -275 vide Govt. Order No. 666 -HD of 197 dated 08 -08 -1972. With this up gradation the total posts of Food Inspectors in the department came to 89 posts. To rationalise these posts amongst different wings, in the Department, Director Health Services issued Order No: Estt -4/128/ 10580 -10604 dated 07 -10 -1972, allocating two posts to Directorate Health Services, 8 posts to District Medical Officers, 4 posts to Health Resorts and 75 posts to Primary Health Centers. The petitioners were adjusted on adhoc basis against these posts of Food Inspectors in their own pay scales and subsequently vide order dated 18 having pay scale of Rs. 140 -275 in their own pay scales and subsequently vide order dated 18 -12 -1973 they were confirmed as Food Inspectors as recommended by the Departmental Promotion Committee. Their seniority was fixed as was in the lower pay scale. In the meantime Government issued SRO 149 of 1993 dated 7.4.1973 notifying the rules known as Jammu and Kashmir Civil Services (Revised) Pay Rules 1973. The pay scale of Rs. 140 -275 came to be revised to Rs. 280 -520. These rules were made applicable for revision of pay scales w.e.f. 1.7.1772. Thus it is made out from the above facts that petitioners are working as Food Inspectors lu the pay scale of Rs. 140 -275 -280 -520 w.e.f. 07.10.1972 when they were placed against the upgraded posts. The respondents have not granted any benefit to the petitioners of promotioin in Situ in terms of SRO 14 of 1996. Aggrieved thereof, the petitioners have approached this court seeking the relief prayed for to place them in the 3rd Higher Standard Pay scale under SRO 14 of 1996.

(3.) THE respondents have filed Counter Affidavit stating therein that the petitioners were Sanitary Inspectors and have been promoted to the post of Food Inspectors by up gradation of the posts on the basis of the recommendations of the Departmental Promotion Committee, therefore, the petitioners having got the benefit of promotion, are not entitled to the relief prayed for.