MANGAL DASS Vs. STATE OF J & K

JUDGEMENT

(1.) Petitioner was engaged as a daily wager worker in the PHE department in the year 1980 and came to be regularized as Helper in the said department after more than 14 years of service with effect from 1/4/1994. Subsequently, the petitioner was converted into the regular cadre in the grade of Rs.750.00 Rs.940.00 (Helper) in terms of Order No. 5971-6050 dtd. 13/2/1995.

(2.) After the regularization of the petitioner, the petitioner was given two time bound promotions by the respondents and subsequently thereafter came to be promoted as Moulder in the pay scale of Rs.4440.00Rs.7440.00 with grade pay of Rs.1400.00 vide Order No. GWD/8730-34 dtd. 3/1/2015.

(3.) Grievance of the petitioner is that he has been regularized in the PHE department and vide order dtd. 13/2/1995, a seniority list of PHE (Mech) Round Water and Procurement Division, Jammu came to be issued wherein he figured at serial No.2 and on the other hand, one Bumber Singh S/o Vijay Singh, figured at serial No.6 in the same order. Petitioner, was granted two in situ/time bound promotions but Bumber Singh, who is junior to the petitioner and has not been promoted to the higher post of Moulder, but still has been granted the third time bound promotion also and was placed in the revised pay band of Rs.9300.00Rs.34800.00 with grade pay of Rs.4200.00 with effect from 1/11/2014. Thus, the petitioner despite being senior to Bumber Singh and also being promoted as Moulder with effect from 3/1/2015 after getting two in situ/time bound promotions, he is getting lesser salary than that of Bumber Singh, who is getting pay and grade over and above that which has been granted to the petitioner.