UTTAM CHAND Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioners herein have invoked the jurisdiction of this court by filing petition under Article 226 of the Constitution of India read with Section 103 of the Constitution of Jammu and Kashmir. They have prayed for the issuance of writ of mandamus commanding the respondents herein to grant them the pay scales as payable to skilled workers of Category ËœBâ„¢ on the basis of definition contained in the J&K Civil Services (Revised) Pay Rules, 1973,and made admissible after revision of pay scales ordered from time to time. The payment of balance amount has also been claimed.

(2.) THE case of the petitioners is that they are ITI trained Diploma holders in specific trades. That petitioner No.1 was appointed on

(3.) 08.1977 and he became eligible against the advertised vacancy before SRO -149 of 1973 came into force on the basis of his service experience. The other petitioners have claimed the category of skilled workers/semi -skilled workers on the basis of qualification of ITI trained persons. Petitioners 5, 10 and 11 have middle pass qualification and under SRO -149 of 1973 they fell within the category of Semi -skilled workers. The remaining petitioners i.e. Nos. 2,3,4,6,7 and 8 are Matriculates and ITI trained and were appointed after First January, 1982. petitioners Nos. 9,10 and 11 were appointed in the year 1981. 3. That pay scale prescribed in SRO -149 of 1973 recognised two categories of skilled Workers, namely, Category ËœBâ„¢ and Semi -skilled workers. That all other Government Employees working in the State Government Departments had been drawing the pays in accordance with respective pay scales prescribed in that SRO. That the said SRO stood substituted by other SROs from time to time such as SRO 91 of 1982 and subsequent SROs. That the duties to be discharged, the nature of functions, the working conditions, etc. of all the employees working as Carpenters, Mechanics, Electricians and Masons working in other departments of the Government are exactly the same as those of the petitioners herein. Rather, the duties of the petitioners are much more rigorous and hazardous as they are required to be available for twenty four hourâ„¢s duties, which is not the case of their counter -parts in other Departments. The petitioners have not undergone any police training and are not liable to be posted for any law and order duty, as such, they are not members of the Armed Police constabulary of the State, though they are working for the Police Department. They have neither been allotted any Constable Belt number nor do they enjoy any advantage which makes them at par with similar class of employees working under the State Government and discharging similar functions in the other Government Departments. That they are class by themselves and have nothing in common with the Armed Constabulary of the Police Department. That all factors being equal, still there is a flagrant discrimination between the petitioners and other employees working on similar posts and discharging like functions in other Departments of the State. That the petitioners have been placed in the pay scale of Rs.800 -1500, whereas, a person holding a similar post with the same qualification and experience in other State Departments gets the pay scale of Rs.1200 -2170.