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Judgment
The petitioners, in the instant petition, are claiming benefit of SRO 59 of 1990, with all consequential benefits.
Admittedly, the petitioners have been regularized as Works Supervisors in the grade of 775-1025(Pre-Revised) with effect from 01.04.1994. The petitioners have also got the benefit of SRO 14 of 1996, in the shape of release of time bound promotions. The petitioners are now claiming the benefit of SRO 59 of 1990 at par with other similarly situated Works Supervisors, working the department.
Mr I.A. Parray, learned counsel representing the petitioners submits that similar benefit has been granted by the intervention of Court in favour of all Works Supervisors and categories of employees including in SRO 59 of 1990.
Time and again, the Court is faced with the litigation of employees working in different engineering departments of the Government of Jammu & Kashmir, who are claiming benefit of SRO 59 of 1990. In order to appreciate the claim, it has become necessary to understand the scheme of rule and its entitlement, therefore, the reference to the relevant portion of SRO 59 of 1990 has become necessary, as such, SRO 59 of 1990 is reflected as under; SRO-59. -In exercise of powers conferred by proviso to section 124 of the Constitution of Jammu and Kashmir, the Governor is pleased to direct that the following amendments shall be made in the Jammu and Kashmir Civil Service (Revised Pay) Rules, 1987, namely;
In the said Rules;
the following shall be inserted as "Appendix 2-A" under the caption List of common posts of different Wings of Public, Works Department (Roads and Building/Public Health Engineering, Irrigation of Flood Control, Urban Environmental Engineering Department).
APPENDIX NO. 2-A
List of common posts in different wings of Public Works Department (Road and Building, Public Health Engineering,
Irrigation and Flood Control, Urban Environmental Engineering
Department)
Notwithstanding the provisions contained in Appendix No. 2, the following categories of posts are placed in the scale of pay noted against each;
S. No.
Designation
Pay Scale
1.
2.
3.
1.
Plumber
Grade I 1150-2050
Grade II 900-1830
Grade III 800-1500
Grade IV 630-940
2.
Black Smith
Grade I 1200-2170
Grade II 1150-2050
Grade III 900-1830
Grade IV 800-1590
Grade V 745-1025
3.
Mechanic
Grade I 1300-2550
Grade II 1200-2170
Grade III 1150-2050
Grade IV 900-1830
4.
Fitters
Grade I 1150-2050
Grade II 900-1880
Grade III 800-1500
Grade IV 745-1025
5.
Lineman
Grade I 900-1830
Grade II 800-1500
Grade III 745-1025
6.
Electricians
Grade I 1300-2550
Grade II 1200-2170
Grade III 1150-2050
Grade IV 900-1830
Grade V 800-1500
7.
Pump Operators/ Motor Operator
Grade I 1300-2550
Grade II 1150-2050
Grade III 900-1830
Grade IV 800-1500
Grade V 745-1025
8.
Works Supervisor
Grade I 1200-2170
Grade II 1150-2050
Grade III 900-1830
Grade IV 800-1590
Grade V 745-1025
9.
Oilers
Grade I 800-1590
Grade II 745-1025
10.
Pump Drivers
Grade I 800-1590
Grade II 745-1025
11
Hammer Man
Grade I 900-1830
Grade II 800-1590
Grade III 745-1025
12.
Mates
Grade I 800-1590
Grade II 745-1025
13.
Tele Operators
Grade I 800-1590
Grade II 745-1025
14.
Welders
Grade I 1150-2050
Grade II 900-1830
15.
Senior Operators
Grade I 1300-2550
Grade II 1150-2050
Grade IV 900-1830
16.
Engine Drivers
Grade I 1150-2050
Grade II 900-1830
17.
Electric Fitters
Grade I 900-1830
Grade II 800-1590
18.
Khalasis
Grade I 800-1500
Grade II 745-1025
Grade III 630-940
19.
Inspectors
Grade I 1150-2050
Grade II 900-1830
Grade III 800-1500
20.
Fitter Operators
Grade I 900-1830
Grade II 800-1500
Grade III 745-1025
Note: The initial recruitment shall be made in the lower grade of each category indicated above and promotion to the next higher grade shall be based on the length of the service and experience, to be prescribed separately by the Department in consultation with the Finance Department. The qualification for the initial appointment to the lowest grade of each category and for promotion to the higher grade shall also be prescribed by the Department in consultation with the Finance Department. The Department shall make necessary provisions in the relevant Recruitment Rules accordingly.
This shall be deemed to have come into effect from 18.09.1969.
By the order of Governor.
(Sd.) Sheikh Ghulam Rasool,
Additional Chief Secretary (Finance),
Finance Department.
Admittedly, the scheme of rule on its repealment made in terms of SRO 231 of 2003 dated 15th of July, 2003, stands deleted from 15.01.1996 on introducing the Jammu and Kashmir Civil Services (Higher Standard Pay Scale Scheme) Rules, 1996, therefore, there is no strength with the claim of the petitioners for such release. Besides, it is seen that the application of SRO 59 of 1990 against the post of Works Supervisor had to be read with scheme of recruitment rules and is relevant with the reading of the note appended to the said SRO 59 of 1990. In the note, it is provided that initial recruitment shall be made in the lower grade of each category and promotion to the next higher grade shall be based on the length of the service and experience, by making necessary provisions by the Department in the Recruitment Rules. The Engineering Department has already introduced the scheme of filing up posts of Works Supervisors in the year 1997 in the shape of the Jammu and Kashmir Engineering Subordinate Service Recruitment Rules, 1997 notified in terms of SRO 180 dated 26.05.1997, in the Grade which forms Class IX and Category A. This class of Works Supervisors are entitled to promotion in the grade of 950-1500. Thereafter, the category of Works Supervisor in the grade of 950-1500 are entitled to promotion in the grade of 1200-2040, which runs up to Class-V, Category A in the grade of 1600-2660.
Admittedly, as per recruitment Rules, the petitioners can claim promotion against the grade of 950-1500 with the application of seniority having reference to Rule 24 of J&K Civil Services (Classification, Control & Appeal) Rules. The Department and its authorities by no stretch of imagination can release the benefit merely because the petitioners are holding the post of Works Supervisor in the grade of 775-1025.
Mr Chashoo, learned AAG representing the department on the previous date of hearing was asked to assist the Court in the matter on the next date of hearing.
Today when the matter was taken up, Mr Chashoo, learned AAG submits that he be given some more time to assist the Court. Mr Chashoo, learned AAG to file response within a period of one week, with copy in advance to the counsel for the petitioners.
List on 29th of May, 2019, for continuation of arguments as part heard.