Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2017 Supreme(J&K) 88

IN THE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
Alok Aradhe, Janak Raj Kotwal, JJ.
Provincial Power Employees Union of India - Appellant
Vs.
State of J&K and Ors. - Respondents
SWP No. 809 of 2001, MP Nos. 1963, 819 of 2001 c/w SWP No. 1061 of 2015, MP No. 1356 of 2015 SWP No. 415 of 2007, MP Nos. 1574 of 2010, 544 of 2007 and 01 of 2016 SWP No. 874 of 2006 MP Nos. 1635 of 2007, 1113 of 2006, 481 of 2007, 2185 of 2006 and 1906 of 2007 SWP No. 1078 of 2004 SWP No. 2051 of 2009, MP No. 2719 of 2009 SWP No. 2167 of 2013, MP No. 3190 of 2013 SWP No. 2295 of 2013, MP No. 3367 of 2013 SWP No. 724 of 2014, MP No. 1011 of 2014 SWP No. 1549 of 2014, MP No. 2059 of 2014 SWP No. 990 of 2015, MP No. 1257 of 2015 SWP No. 1691 of 2006, MP No. 2116 of 2006 SWP No. 992 of 2006, MP Nos. 3502 of 2014, 1253 of 2006 and 2943 of 2013 SWP No. 3564 of 2014, MP No. 4858 of 2014
Decided On : 08-05-2017

Advocates Appeared:
For the Appellants : Mr. Abhinav Sharma, Ms. Veenu Gupta, Mr. D.C. Raina, Mr. Vikas Mangotra, Mr. Anil Verma, Mr. Sachin Sharma, Mr. Anil Khajuria, Mr. K. Nirmal Kotwal
For the Respondents: Mr. Ahtsham Bhat

The judgment established the relevance of prior general law and subsequent special law, the principles of statutory interpretation, natural justice, and estoppel, and the applicability of pay scale based on qualifications.

Headnote:
SRO 149 of 1973 - Pay Scale Dispute - 1973 Rules, 1981 Recruitment Rules, 1982, 1987, 1992, 1998 Pay Rules - The court discussed the applicability of the 1973 Rules, the subsequent pay revisions, and the Recruitment Rules of 1981. It highlighted the principles of statutory interpretation, natural justice, and estoppel, and emphasized the relevance of prior general law and subsequent special law. The court also referred to specific government orders and previous court decisions to support its findings.
Fact of the Case:

The petitioners sought quashment of an order and direction to continue payment of salary in a specific pay scale. The impugned order was withdrawn on the ground of seniority without affording the petitioners an opportunity of hearing. The petitioners argued for entitlement to the benefit of SRO 149 of 1973, while the government contended that subsequent rules and regularizations governed the petitioners' services.
Finding of the Court:

The impugned order was quashed due to violation of natural justice and lack of grounds for withdrawal. The court also noted the government's previous extension of the benefit to certain employees and the estoppel created thereby. It emphasized the relevance of prior general law and subsequent special law, and the applicability of pay scale based on qualifications.
Issues: Violation of natural justice, entitlement to SRO 149 of 1973 benefit, applicability of subsequent rules and regularizations, and the relevance of prior general law and subsequent special law.
Ratio Decidendi: The court emphasized the principles of statutory interpretation, natural justice, and estoppel. It highlighted the relevance of prior general law and subsequent special law, and the applicability of pay scale based on qualifications.
Final Decision: The impugned order was quashed, and the respondents were directed to continue payment of salary in the specific pay scale to the petitioners. The respondents were also directed to extend the benefit of revised pay scales to the petitioners within a specified period.

JUDGMENT :

Alok Aradhe, J.

In this bunch of writ petitions since common questions of law and fact arise for consideration, they were heard analogously and are being decided by this common order. For the facility of reference, facts from SWP No. 874/2006 are being referred to.

2. The petitioners in this petition, inter alia seek quashment of order dated 12.05.2006, passed by the respondents No. 2 as well as a direction to respondents to continue to make payment of salary to the petitioners in the pay scale of Rs. 5000-8000/- in terms of SRO 149 of 1973 dated 07.04.1973. In order to appreciate the petitioners’ grievance few facts need mention, which are stated infra.

3. The petitioners were initially appointed on Daily Wage basis in the Power Development Department. Admittedly, the petitioners are matriculate and hold ITI certificate/diploma in Electrician Trade. The State Government in exercise of powers under Section 124 of the Constitution of Jammu and Kashmir has framed the rules, namely, the Jammu and Kashmir Civil Services (Revised Pay) Rules, 1973 vide SRO 149 dated 07.04.1973 (hereinafter referred as 1973 Rules). Schedule C appended to the aforesaid rules contains the list of common posts of technical skilled, semi skilled, unskilled posts trades in various departments which include Power Development Department. The petitioners fall in the category-A of Schedule C, which provides for direct recruitment from ITI certificate holder in different trades and the academic qualification for entry is ITI with matriculation.

4. Thereafter, the State Government framed the Jammu and Kashmir Civil Services (Revised Pay) rules, 1982 vide SRO 91 dated 22.03.1982 and the pay scale of technical, skilled, semi-skilled and unskilled employees were revised from Rs. 280-520 to Rs. 600-925/- Since no recruitment rules were framed so far as non-gazetted post in Power Development Department were concerned, the State Government for the first time framed the recruitment rules, namely, the Jammu and Kashmir Power Development Department (Subordinate) Service Recruitment Rules, 1981. Rule 10 of the aforesaid Rules provides for residuary matters, whereas Rule 12 deals with repeal and savings. In the Recruitment Rules of 1981 only three posts out of 19 trades/posts contained in the category A of Schedule C were mentioned, namely, Meter Inspector, Mechanic and Welder Electrician, which were to be filled up by promotion.

5. Thereafter, the pay scale of the employees was further revised by the State Government by enacting the Jammu and Kashmir Civil Service (revised pay) Rules, 1987 vide SRO 370 dated 17.07.1987 and the pay scale of technical, semi-skilled, employees was revised from Rs. 600-925 to Rs. 1150-2050. Again in the year, 1982, the State Government enacted J&K Civil Services (Revised Pay) Rules, 1992, by which the pay scale of Technical Skilled, Semi-skilled employees was revised from Rs. 1150-2050 to Rs. 1400-2600. Finally in the year 1998, the State Government again enacted J&K Civil Services (Revised Pay) Rules, 1998, by which the pay scales were further revised from Rs. 1400-2600 to Rs. 5000-8000/-

6. It is the case of the petitioners that their services were regularized in view of SRO 1964 of 1994 as Helpers between the years, 1990 to 1996. The employees of the Home Department submitted a representation for grant of benefit under SRO 149 of 1973. The aforesaid employees eventually filed a writ petition, namely, SWP No. 60/1990, in which vide order dated 18.04.1996, the employees of the Home Department were held entitled to benefit of SRO 149 of 1973. Against the aforesaid order, the respondents preferred Letters Patent Appeal, which was dismissed vide order dated 04.12.1997 and the order of the Division Bench was also affirmed by the Supreme Court vide order dated 21.04.1998. Thereafter, by order dated 29.07.1998, the benefit of SRO 149 of 1973 was extended to the employees of the Home Department. Similar benefit was also extended to the employe

Click Here to Read the rest of this document

2017 Supreme(J&K) 88

The judgment established the relevance of prior general law and subsequent special law, the principles of statutory interpretation, natural justice, and estoppel, and the applicability of pay scale based on qualifications.

Cases Referred (8)