KAMAL KISHORE Vs. STATE

JUDGEMENT

(1.) PETITIONER was appointed as Draftsman in the pay -scale of Rs. 1600 -2660 vide Order No. 28 -CTP/J.92 dated 14.5.1992 pursuant to the selection made by the Subordinate Services Recruitment Board (SSRB). Thereafter he had been drawing the salary in the pay -scale of Rs. 1600 -2660 till July 1993 when it was stopped and he was told to draw the salary in the scale of Rs. 1200 -2040. On enquiry it transpired that the respondents had taken resort to SRO -174 of 1992 dated 30.7.1992 containing an amendment to the Jammu and Kashmir Civil Service (Revised Pay) Rules, 1992, for their action, This amendment directed that fresh recruitment to the post of draftsman shall be made in the pay -scale of Rs. 1200 -2040 and that such appointees shall be placed in the pay -scale of Rs. 1600 -2660 after putting in 8 years of service. It further provided that it shall be deemed to have come into effect from 30.3.1992.

(2.) PETITIONER feels aggrieved of the impugned action and has filed this petition challenging it on the only ground that since he had been placed in the pay -scale of Rs. 1600 -2660 prior to the promulgation of SRO -174 of 1992, his salary could not have been reduced by the said SRO and upon a retrospective operation.

(3.) IN their objections, respondents have taken a routine stand trying to interpret the terms of SRO -174 and have explained that various administrative departments had contravened its terms by inviting applications for various posts necessitating a circular dated 24.12.1993 issued by the Finance Department, clarifying the position.