D D SADHOTRA Vs. STATE OF J&K

JUDGEMENT

(1.) THIS petition was filed before this Court by the petitioner under Article 226 of the Constitution of India read with Section 103 of the Constitution of Jammu and Kashmir on August 17, 1979. The petition came up for hearing on admission before the Division Bench of this Court on 29 -8 -1979 in presence of his counsel Mr. P. L. Handoo, Advocate On hearing; the same was dismissed on the same date on the ground that since the petitioner asked for a declaration to the effect that his entry in the senior scale of Indian Forest Service be counted with effect from 1 -7 -1968 and that he is entitled to get his pay and allowance accordingly, the petition was dismissed holding as follows: -

(2.) THE petitioner challenged the above said order before the Honble Supreme Court, which was registered as Civil Appeal No - 566(N) of T98J and their Lordships of the Supreme Court vide order passed on February 10, 1981 passed the following order : -

(3.) THE petitioner joined service in the Forest Department of this State as a Forest Ranger in April 1943 after completing two years training at Dahra Dub, he was promoted to the gazetted cadre from 29.1.1962 as Assistant Conservator of Forests. The petitioner alleges that from 1. 10. 1966, i. e., the date of constitution of the Service and simultaneous selection of the petitioner to the Indian Forest Service the petitioner held the posts of the D.F O Development Div. Jammu D.F.O. Demarcation Division Kishtwar, Reasi and Batote and D. F. O. soil Conservation Division Kathua According to him all these posts were up graded and declared equivalent in status and responsibility to cadre posts The petitioner had been working against cleat vacancy in these senior posts, yet the petitioner was allowed salary only in the junior scale which was Rs 400 -950 and not the senior scale which was Rs. 700 1250 Thus precisely the claim of the petitioner in this petition relates to the payment of salary and consequential benefits in the senior scale of pay of Indian Forest Service with effect from 1. 10. 1966 till he was promoted in the senior scale during the pendency of the present writ petition by formally promoting him to the senior scale from October 27. 1970 He further submits that at the time of the initial constitution of the Indian Forest service, and its extension to the Jammu and Kashmir state, the state was allotted 41 posts, as per the Indian Forest service (Fixation of cadre strength) Regulations 1966 out of the total number of 41 posts, only 4 posts were junior posts and the rest were all senior posts. In pursuance of the above Notification, the Jammu and Kashmir Government vide its order No, 2795/GD of 1970 dated 27 10. 1970 incorporating the direction of the Government of India Notification referred to above, and expressly stated therein that the posts held by the officers from S. No. 26 to 36 of the Notification are declared equivalent in status and responsibility to cadre posts in terms of Rule 9 of the Indian Forest service (Pay) Rules, 1968, The petitioner was confirmed in the Indian Forest service from 1. 10. 1967 vide Notification letter No. 7/18/72 -A Is (IV) dated 5th November, 1974 from Government of India Cabinet Secretariat, to the Government of Jammu and Kashmir, thereof the petitioner was formally promoted to the senior scale of Indian Forest Service vide Government Order No. 213/ Fst of 1974 dated 24 -5 -1974 Since the claim of the petitioner for payment in the senior scale has already been admitted by the respondents and the orders has already been issued for the payment to the petitioner in the senior scale with effect from October, 27, 1970 the only point remain for determination in the present petition relates to the grant of relief to petitioner if at all he is entitled to the Said relief with effect from l -10 -1966.in the senior scale of pay to 26. 10. 1970. The petitioner further, apart from the said relief claimed interest over the with -held payment.