YASMEEN KHAN Vs. STATE OF J&K AND ORS

JUDGEMENT

(1.) In terms of order dated 17.06.2005 the review petitioner was promoted from the post of Dy. Manager (Operations) to the post of Manager Operations in the pay scale of Rs.10000-15200. One, Mr. Yaqoob Iqbal Bhat, Dy.Manager Finance was promoted to the post of Manager Finance in the pay scale of Rs.10000-15200. Respondent No.5 (hereinafter referred to as writ petitioner) who was holding the post of Administrative Officer was adjusted on the post of Manager Administration in the pay scale of Rs.10000- 15200. The post of Administrative Officer was treated to be abolished. The order issued by the Managing Director further provide that the writ petitioner is placed in the pay scale of Rs.8000-12950 for a period of five years after which he will get the pay scale of Rs.10000-15200 against the available post of Manager Administration.

(2.) On 01.07.2005, the Managing Director JKTDC/SKICC issued an order, whereunder, it is provided that the post of Administrative Officer (7500-12000) is upgraded to the pay scale of Rs.10000-15200 and redesignated as post of Manager Administration. The writ petitioner was adjusted as Manager Administration in the pay scale of Rs.8000-12950 for a period of five years, whereafter, he was to be placed in the pay scale of Rs.10000-15200. The writ petitioner, feeling aggrieved of the condition of placing him in the pay scale of Rs.8000-12950 for a period of five years contained in order dated 01.07.2005, challenged the same in SWP No.1251/2005. The writ petition was decided on 16th May, 2007 and the Learned Writ Court directed that the writ petitioner shall be paid the grade of Rs.10000-15200 w.e.f 18.06.2005 and his promotional benefits shall be worked out accordingly.

(3.) Respondent-Corporation challenged the decision of Learned Single Judge in LPA No.164/2007 which was dismissed by the Letters Patent Bench (LPA Bench) vide its order 01.09.2007. Thereafter the judgment of the Court was implemented and the writ petitioner was placed in the pay scale of Rs.10000-15200.