UT OF JAMMU AND KASHMIR Vs. BALVINDER SINGH

JUDGEMENT

(1.) This petition by the UT of Jammu and Kashmir and others filed under Article 226 of the Constitution of India seeks to challenge an order and judgment 9/4/2024 passed by the Central Administrative Tribunal, Jammu Bench, Jammu (for short, "the Tribunal") in O.A No. 142/2023 titled 'Balvinder Singh vs. UT of J&K and others', whereby the Tribunal has allowed the Original Application filed by the respondent and directed the petitioners to correct the alleged mistake in the fixation of his pay and to fix his salary in terms of SRO 42 of 2011 with effect from 6/2/2017. The Tribunal has further held that SRO 193 of 2018 would thereafter become applicable and the respondent would be entitled to arrears of pay without any interest.

(2.) Before we advert to the grounds of challenge, a brief look at the factual antecedents leading to the filing of this petition would be worthwhile.

(3.) The respondent was appointed as Legal Assistant in the Department of Law, Justice and Parliamentary Affairs vide Government Order dtd. 6/2/2017. His appointment carried the pay scale of Rs.9300.0034800 with grade pay of Rs.4280.00 in terms of SRO 42 of 2011 dtd. 2/2/2011.Subsequently, the Government promulgated SRO 193 of 2018 dtd. 24/4/2018, by which the revised pay rules were notified and made applicable retrospectively from 1/1/2016. Under SRO 193 of 2018, the erstwhile pay scale of Rs.9300.0034800 with grade pay of Rs.4280.00 was replaced with the pay matrix Level 6E (Rs.35,900.001,13,500). The pay of the respondent was accordingly fixed by the petitioners at the basic pay of Rs.35,900.00 as on 6/2/2017.