STATE & ORS Vs. AJAY KHAJURIA

JUDGEMENT

(1.) Letters Patent Appeal on hand arises out of the writ Court Judgment dated 06.05.2011 in writ petition SWF No. 967/2004 titled Ajay Khajuria v. State of J&K and others, whereby the writ Court has allowed the writ petition and directed the respondents to reconsider the petitioner's case and held it appropriate for the State Government to constitute a three members Committee comprising of three senior members from the Tourism Department, General Administrative Department and the Finance Department to look in to, the pleas taken by the petitioner and pass appropriate orders as regards release of grade and fixation of petitioner's seniority in terms of Division Bench Judgment in LPA No. 203/2001 and having regard to the benefit accorded to respondent No. 4 in the petition.

(2.) The respondent's case before the writ Court was that he appointed, as Tourist Officer in the grade of Rs. 475-850 vide Government order No. 74-TSM of 1977 dated 17.10.1977, was entitled to be placed in the grade of Rs. 1000-1560 w.e.f. the date of Government order No. 1285-GAD of 1983 dated 20.07.1983 and his seniority as also the consequential benefits were to be fixed accordingly. The respondent to reinforce his claim relied upon Judgment rendered in SWP No. 664/1995, whereby proviso to Government order No. 1285-GAD of 1983 was struck down, Division Bench Judgment in Letters Patent Appeal No. 203/2001, whereby the respondent was declared entitled to the grade of Rs. 1000-1560 w.e.f. 20.08.1983 and last of all the similar benefit given to his junior respondent No. 4 in the writ petition. The writ Court accepted all the pleas taken by the petitioner in the writ petition and as stated allowed the petition in terms of Judgment dated 06.05.2011.

(3.) The writ Court Judgment is questioned by the appellants on the grounds that, as the respondent was not placed in the pay scale of Assistant Director of Tourism i.e. Rs. 520-900 on the date Government order No. 1235-GAD of 1983 came into force but as Tourist Officer in a pay scale of Rs. 475- 850, he was not entitled to be placed in the grade of Rs. 1000-1560 in terms of the aforesaid Government order. The Government order No. 1258-GAD of 1983, according to the appellants merely embodied the resolve/policy of the Government to have a uniform pay scale of Rs. 1000-1560 in the 15 Gazetted services including the Jammu and Kashmir Tourism (Gazetted) Service and the policy was to take effect from the date respective Departmental Service Rules were recast, modified suitably in accordance with the aforesaid Government, order. The Jammu and Kashmir Tourism (Gazetted) Service Rules were revised vide SRO 225 dated 23.09.1992. The post, held by the respondent as the Tourist Officer on 20.08.1983 not being feeding post for induction into Kashmir Administrative Service (KAS), it is pleaded seniority as Tourist Officer cannot determine the respondent's seniority in the KAS cadre. According to the appellants, the respondent's placement in the grade of Assistant Director Tourism a feeding post for induction into KAS was determinative of his seniority in Kashmir Administrative Service (KAS) Cadre and was duly noticed while granting the benefit of induction into the Service, to respondent w.e.f 23.09.1997.