DIL AFROZA Vs. STATE OF J&K

JUDGEMENT

(1.) THROUGH the medium of this petition the petitioners, who are working as Clerks Grade II, seek indulgence of this Court for grant of a writ of mandamus directing the respondent -corporation to regularise the petitioners as routine clerks and pay them the salary and other incidental benefits attached to the posts of routine clerks in the pay scale of Rs 1200 -2140 and also to fix their seniority accordingly.

(2.) THE petitioners initially joined the department as daily wagers, and were, on completion of seven years of service as such, taken on regular establishment on 30 -8 -1995 as Clerks Grade II. This post of Clerk Grade I carries a pay scale of Rs 775 -1205 and is on higher side as compared to one related to clerks grade I, The higher pay scale was granted to those of the daily wagers who were matriculates and above The petitioners belonging to this category were placed in the higher scale of clerks Grade II, Meanwhile due to mass migration from the Valley some posts in the accounts section of the department seem to have fallen vacant and the petitioners were, by way of temporary arrangement asked to assist the accounts section. They are continuing in such capacity. It will be pertinent to mention that in this behalf a formal order was passed by some Senior Manager on 10 -3 -1996. By virtue of this order some decision seems to have been taken where under the two petitioners were directed to work as routine clerks but in their own pay and grade and without any superior claim of seniority against senior clerks of the Corporation The petitioners have filed the present writ petition on the basis of a claim of equal pay for equal work hence the prayer for the reliefs indicated above.

(3.) THE respondents have filed detailed objections wherein it has been contended that the petitioners did not have any claim for the scale of Rs 1200 -2140 as they stand appointed in the pay scale of Rs 775 -1205 only. It has been pleaded that the attachment of the petitioners with the accounts section is of a temporary nature and cannot be said to be a placement of the petitioners in a higher scale, in this behalf reliance is placed on formal order passed by the senior manager on 10 -3 -1996,