G H VAIDA Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioner retired from service on 30th October, 1981. He wants benefits to be given of the decision taken by the State Government. By this decision, Note 2(A) was added to Article 240 (AAA) of the Jammu and Kashmir Civil Services Regulation. This for facility of reference is reproduced below: -

(2.) THE further fact is that earlier to this the

(3.) THE petitioner submits that Note 2(A) was inserted on account of recommendation made by the Pay Commission, instead of implementing it with effect from 1st January, 1981 the respondent authority have decided to implement it with effect from 1st January, 1982. It is accordingly urged that the cut of date as indicated as 31st January, 1982 is not in accordance with law. The petitioner further submits that further amendments were also made. It was decided to waive the upper limit in the matter of pay fixation. It is submitted that this benefit has not been given to the petitioner. Reference is being made to order annexure B. This was issued on 3rd October, 1985. In a nut -shell an argument raised is that the cut of date as fixed in the Rules noticed above in the Government notification and later order dated 3rd October, 1985 is not in accordance with law.