LAWS(J&K)-2008-11-40

SHAM PAUL RANDHAWA Vs. STATE

Decided On November 21, 2008
Sham Paul Randhawa Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) VARIOUS SROs such as SRO 75 of 1992, 174 of 1992 and 18 of 1998 have been issued, which provided two sets of grades for Draftsmen; one at the entry level and the other after the completion of eight years of service. Consistently, the State Government has flouted aforesaid SROs by appointing some Draftsmen in various departments of the State Government on higher grade and some on the lower grade. It is this controversy, which is required to be determined by this court, as to whether respondents could be permitted to apply the aforesaid SROs in the matter of granting grades selectively to the Draftsmen.

(2.) PETITIONERS stand appointed as Draftsmen. The details of their appointment is given in the writ petition, which is not in dispute. All the petitioners have been appointed initially in the lower grade at the entry level. They have been appointed in various departments of the State Government. It is not in dispute that only one grade has been provided under the SRO for all the Draftsmen working in various departments. Petitioners state that the Draftsmen working in various departments of the State Government have been promoted in the higher grade at the entry level; the details of which are contained in Annexures J and O annexed with the petition. Petitioners have also placed on record copies of the appointment orders of these Draftsmen. For facility of reference, these orders read as under:

(3.) PERUSAL of the aforesaid orders reveal that the Draftsmen have been appointed in various departments in pre -revised grade of Rs. 1600 -2600 now revised Rs. 5150 -8300. According to SRO -18, this grade is available to Draftsmen after the completion of eight years of service. The entry grade of Draftsmen is Rs. 4000 -6000. The import of aforesaid SRO is that a person appointed to the post of Draftsmen initially in the grade of Rs. 4000 -6000, becomes entitled to be placed in the higher grade of Rs. 5150 -8300 after the completion of eight years of service.