AMAR SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) QUESTIONING the correctness of order dated 31 -5 -2001 passed in SWP No. 323/96, petitioner/appellant has preferred this appeal in the back -drop of the factual matrix noticed here -under: - -

(2.) PURSUANT to Notification dated 31 -3 -1981 issued by the Jammu and Kashmir Public Service Commission for selection to various feeding Services under the purview of Combined Competitive Examination, petitioner/appellant applied being an eligible candidate. At the time of inviting applications vide afore -said notification there were only five services for which the said examination was to be conducted. Before the process could be completed the State Government issuedGovernment order No. 1285 -GAD of 1983 dated 30 -3 -1983 whereby as many as eleven more Gazetted Departmental Services were brought within the purview of the Combined Competitive Examination. The Public Service Commission completed the selection and recommended the successful candidates to the Government for appointment. Petitioner/appellant being one of such successful candidate came to be appointed vide Govt order No. 1053 -GAD of 1984 dated 18 -6 -1984 in the pay scale of Rs 1000 -1560. He was allotted Jammu and Kashmir Tourism (Gazetted) Services and was shown to have been appointed as a Tourist Officer vide the afore -said Government Order. It is relevant to mention that the J&K Tourism (Gazetted) Service to which the petitioner/appellant was appointed was one of the services brought under the purview of Combined Competitive Examination vide Govt Order No. 1285 -GAD of 1983 dated 30 -3 -1983. Petitioner joined the Department. Under -Secretary to Government, General Administration Department vide his communication No. TSM/Estb -9/85 dated 20 -6 -1986 informed the Secretary to Government, General Administration Department about the joining of the petitioner and one Mr. Anil John, who was also selected alongwith the petitioner and allotted the Tourism Department and stated that no vacancy of Tourist Officer or Asstt Director, Tourism is available in the Tourism Department against which these two incumbents could be adjusted. Based upon the afore -said communication, General Department (Services) vide its letter No. GD(Ser) CSC/HAS/85 dated 24 -7 -1986 informed the Commissioner/ Secretary to Government, Tourism Deptt that the services of the petitioner/appellant and the other probationer be utilized till the anomaly in the pay scale is removed and their salaries were directed to be paid from another institution. The State Government on consideration of the issue, issued Govt Order No. 657 -GAD of 1986 dated 22 -10 -1986 whereby two additional posts of Addl Tourist Officers were created in the Tourism Department in the pay scale of Rs 1000 -1560 till the end of Dec 1986. This order further contained a stipulation that these additional posts be utilized for adjustment of direct recruits of 1984 only. Petitioner/appellant was accordingly allowed to perform the duties of Tourist Officer. By a subsequent communication dated 22 -2 -1989 from the Deputy Secretary to Government, Tourism Department to the Director, Tourism, pay dues of the Tourist Officers were directed to be drawn against the vacant posts of Asstt Directors till further orders. Petitioner/appellant claimed to have made representation for release of higher pay scale. It is relevant to note that at the time of petitioners appointment in the year 1984 the Tourism (Gazetted) Service was governed and regulated by the J&K Tourism (Gazetted) Service revised rules 1978 as notified vide SRO 405 dated 15 -7 -1978. Under these rules the pay scale for the Asstt Directors was Rs 520 -900 and that of the Tourist Officer was 475 -850. The Tourist Officer was the entry level post, whereas the post of Asstt Director was to be filled up only by promotion. However, vide Govt Order No. 1285 -GAD of 1983 a common pay scale of Rs 1000 -1560 was introduced for all the Direct appointees to all the feeding services brought under the purview of Combined Services Competitive Examination at the entry level. So there was an anomaly of pay scale of Tourist Officer as prescribed under SRO 405 and one mentioned under the Govt Order No. 1285 -GAD. The pay scale as fixed under Govt Order No. 1285 -GAD was the pay scale meant for the Asstt Directors in the Tourism Service (pre -revised 520 -900). Since the petitioners appointment was in the pay scale of Rs 1000 -1560 he made representation for removal of the anomaly. Consequently, the Government, in the General Administration Department issued Govt order No. 625 -GAD of 1983 dated 23 -7 -1983 whereby the petitioner/appellant and his co -appointee Mr. Anil John, who were appointed as Tourist Officers in the pay scale of Rs 1000 -1560 (revised 2125 -3600) were declared to have been appointed as Asstt Directors Tourism in the afore -said pay scale with effect from their initial appointment i.e. 18 -6 -1984.

(3.) IN this manner the petitioner came to be re -designated as Asstt Director. This Government order still holds the field.