LAWS(J&K)-2022-8-19

GHULAM MOHAMMAD PALLA Vs. UNION OF INDIA

Decided On August 26, 2022
Ghulam Mohammad Palla Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) This petition challenges the judgment and order dtd. 7/6/2016 passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh, in the petitioners' OA No.062/00018/2015 titled 'Ghulam Mohammad Palla and ors v Union of India and ors.', dismissing the same.

(2.) The petitioners claim to be working as Valvemen in the MES Department. Their counter parts at Jammu who were then working as semi-skilled category in the grade of Rs.210.00290, relying on the judgment dtd. 31/7/1991 of the Supreme Court passed in writ petition No.40/1991, had filed a writ petition, SWP No.1393/1994, seeking up-gradation to the category of skilled employees with grade of Rs.260.00400 with effect from 16/10/1991. That writ petition was allowed by the High Court of J&K at Jammu vide judgment and order dtd. 12/3/1997. The intra Court appeal against the judgment was dismissed. However, the Supreme Court vide order dtd. 6/10/2005 passed in Civil Appeal No.5825 of 2000 remitted the matter to the Division Bench. The Division Bench vide its detailed judgment dtd. 19/8/2010 held and directed as under:

(3.) It appears that, meanwhile, another group of employees filed a similar petition at Srinagar Wing of the High Court, being writ petition SWP no.1656/2012. That petition was disposed of by order dtd. 5/11/2012 with direction to the respondents therein to accord consideration to the petitioners' claim in accordance with rules. The concerned authority in consideration of the claim of those petitioners, by order dtd. 30/11/2012, inter alia, directed that they should approach the Central Administrative Tribunal (the Tribunal), Chandigarh for getting an appropriate order from the Tribunal.