SURIYA BEGUM Vs. STATE

JUDGEMENT

(1.) Order No. 168-DI&C-J of 2018 dtd. 5/9/2018 issued by respondent No.2 is subject matter of challenge in this writ petition.

(2.) The facts, as projected by the petitioner in this petition and are otherwise borne out from the impugned order, are that the petitioner was initially appointed as Knitting Instructor on daily wage basis at the rate of 10.70 per day for a period of two months in the Knitting Training Centre Bhala, Bhaderwah vide order dtd. 13/12/1983 issued by the General Manager, District Industries and Commerce Doda. The appointment made by the General Manager was later confirmed by the District Development Commissioner, Doda. The petitioner was once again appointed as Knitting Instructor on daily wage basis, but this time in the Knitting Training Centre Dessa for a period of three months. The said appointment was further extended for a period of three months w.e.f 1/8/1984. The respondents, without regularizing the services of the petitioner, promoted her from daily wager to the substantive post of Knitting Instructor in the pay scale of Rs.475.00850, whereas sanctioned pay scale of the post of Knitting Instructor at the relevant point of time was 600-625. This was done by respondent No.2 vide his Order No.339-E of 1984 dtd. 13/11/1984. This order was accepted by the petitioner without protest and he continued in the Department as Knitting Instructor on substantive basis in the said pay scale. She was, however, placed in the regular pay scale of Rs.1400.002600 (pre-revised 600-925) i.e, the pay scale attached to the post of Knitting Instructor, in terms of order of respondent No.2 issued vide his No.Estt/C-219/891-93 dtd. 27/4/1995.

(3.) The grievance of the petitioner, however, is that though she was promoted as Knitting Instructor w.e.f 13/11/1984, but was not given the pay scale attached to the said post. It is claimed that the petitioner was entitled to the pay scale of Rs.600.00925 w.e.f 13/11/1984, but was arbitrarily granted the lesser pay scale of Rs.475.00850 .