AFSHAN MUSHTAQ AND ORS. Vs. STATE AND ORS.

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India read with Section 103 of the Constitution of J&K has been filed for issuance of writ in the nature of mandamus commanding the respondents to release their pay in the grade of Rs. 5000-8000/-, which was notified at the time of advertisement of posts against which the petitioners applied and subsequently got selected.

(2.) The brief facts for the disposal of this petition are that the respondents issued advertisement notice for the post of Draftsman including some other posts referred to in the said advertisement notice-annexure P-D. So far as the post of Draftsman is concerned against which the petitioners applied, the same was advertised in the pay scale of Rs. 1400-2600/- which scale is said to have been revised to Rs. 5000-8000/-. After the selection process was initiated by the respondents, the petitioners came to be appointed as Draftsmen in pursuance to the order dated 20.7.1998 and accordingly joined their services.

(3.) The further fact which is apparent from the record is that respondents issued an order bearing No. 352/Esstt of 1998 dated 5.10.1998, whereby the petitioners were directed to report for duties in the respective workshop centers shown against the name of each. The respondents further issued a Corrigendum dated 21.10.1998, whereby the petitioners were shown to have been placed in the grade of Rs. 4000-6000/- instead of Rs. 5000-8000/-against which their appointment came to be initially made by the respondents in terms of order dated 20.7.1998 referred to above. It is this order which is being thrown to challenge by the petitioners.