VIJAY KUMAR Vs. STATE

JUDGEMENT

(1.) ABOVE mentioned petitions are identical in nature and also raise similar questions of fact and law as such same are being disposed of by this common judgment.

(2.) PETITIONER in all the abovesaid petitions were working as Gazetted officers in J&K Education Department when they were ordered under various Government orders, issued in the year 1981, to hold posts of Research Officers of higher grade. Petitioners case is that at the time of making their appointment as Research Officers in the grade of Rs.450 -1250, now revised as Rs.1000 -2000, each one of them was holding a pay scale of Rs.475 -850, revised as Rs.900 -1460. In the orders it was, however, provided that they would work in their own pay and grade and order with regard to charge allowance in their favour would be issued separately but according to them inspite of lapse of more than two years they were neither given benefit of the grade of the post of Research Officer nor any charge allowance granted. They have referred to Art. 85 of Civil Services Regulations under which any appointment lasting for a period of more than six years would be treated as permanent appointment.

(3.) PETITIONERS further case is that they were adjusted as Research Officers, which could only be interpreted as an order of temporary appointment to a higher post and to deny benefit of higher grade to them when they were discharging their duties to the satisfaction of all concerned would amount to violate the principle of equality as enshrined in the constitution. According to them indone, spite of numerable representation made to the Government nothing was They have prayed for issuing writ of mandamus directing the respondents to perform their authority by allowing them grade of Research Officers on which they were working and discharging duties from April, 1981 further to treat them as permanent.