AB MAJID BHAT Vs. STATE

JUDGEMENT

(1.) IT is contended in this writ petition that petitioners 1 to 3 are matriculates with one year In -service Training Course from Jammu & Kashmir In -service Training Centre, Kokernag, came to be appointed as Watchers in the Fishries Department. Petitioners 4 and 5 are Graduates and are having one year Inservice Training Course from Jammu & Kashmir Inservice Training Centre, Kokernag, and have also passed nine months Inland Operative Training Course from Agra, came to be appointed as Watchers in the Fishries Department in the year 1981 and 1987 respectively.

(2.) THE grievance projected by the petitioners in the writ petition is that prior to 1977, there was only one department known as Department of Games and Fisheries and the post of watchers existed in the said department. However, in 1977 the department of Fisheries was bifurcated into two departments i.e. Department of Fisheries and Department of Wild Life. The pay scale of watchers of both the bifurcated departments was Rs.180 -250. The Government in terms of the Jammu & Kashmir Civil Service Revised Pay Rules of 1982 placed the watchers of Department of Fishries in the pay scale of Rs.390 -475/390 -500, while as the Watchers of the Wild Life Department were placed in the pay scale of Rs.410 -625. The Watchers of the Forest Department are also placed in the pay scale of Rs.410 -625. The petitioners made number of representations for removing the disparity in the pay scales but respondents turned deaf ear constraining the petitioners to file the writ petition in hand. Petitioners have prayed that respondents be directed to place the watchers/ guards of the Fisheries Department in the pay scale of Rs.410 -700 with effect from January 1982, in the pay scale of Rs.800 -1400 with effect from 01.04.1987, in the pay scale of Rs.950 -1400 with effect from 1.4.1990 and in the pay scale of Rs.3050 -4590 with effect from 1st January, 1996, with all consequential benefits, on the grounds taken in the writ petition.

(3.) RESPONDENTS have resisted the petition by filing reply on the following grounds: