Judgment

Ali Mohammad Magrey, J.—By medium of the instant petition, the petitioners have craved the indulgence of this Court in granting them the following relief(s):

“(i) Accord consideration for promotion to the post of Senior Assistant retrospectively to the petitioners with all the financial benefits attached to higher post; and

(ii) Fix and grant pay scale, by appropriate amendment in Jammu and Kashmir High Court Staff (Appointment and Conditions of Service) Rules 2002, similar to that of Delhi and Punjab High Courts with retrospective effect from the date of their respective appointments as Restorers in High Court of Jammu and Kashmir.

And

Any other writ, order or direction that may be, appropriate in the facts of the case may also be issued in favour of the petitioner. Petitioner may also be awarded costs of this petition.”

2. The precise case of the petitioners is that they are working as Restorers in the High Court of Jammu and Kashmir (hereinafter referred to as “the High Court”) and that they have remained stagnated on the said posts as there are no promotional avenues available for them in terms of the rules governing the field. It is stated that apart from the above, the grade attached to the said posts of Restorers is Rs.2610-3450 (pre-revised) which is neither commensurate to the duties being performed by the petitioners nor at part with their counterparts working in the other High Courts of the country. Faced with this situation, the petitioners, as stated, in year 2008, filed a representation before the respondent No.2/ Registrar General of the High Court for seeking redressal of their grievances. The respondent No.2, in terms of communication No.16622/NG dated 3rd of August, 2016, requested the respondent No.3 to accord approval for upgradation of pay scale of Restorers working in the High Court from 2610-3450 (pre-revised) to 3050-4910 (pre-revised). It is pleaded that despite there being said recommendations for upgradation of pay scale from the respondent No.2, the respondent-Government is not considering the case for reasons not known to the petitioners.

3. Objections stand filed on behalf of the respondents.

4. In its objections, the High Court/ respondent No.2 has contended that insofar as the representation of the petitioners is concerned, the same was placed before Hon’ble the Chief Justice and His Lordship has directed that the matter be taken up with the Government for revision of pay scale of Restorers in order to bring them at par with their counterparts working in the other High Courts. It is pleaded that, thereafter, the communication, bearing No. 16622/NG dated 3rd of August, 2016, was issued to the respondent No.3 requesting therein to accord necessary approval for upgradation of pay scale of Restorers working in the High Court from 2610-3450 (pre-revised) to Rs.3050-4910 (pre-revised). As regards the contention of the petitioners that their case be considered in light of the mandate of the Jammu and Kashmir High Court Staff (Appointment and Condition of Service) Rules, 2002, the respondent No.2 has stated that there are no such Rules of 2002 governing the services of the High Court Staff and, instead, it is the High Court Staff Service Condition Rules, 1968, as amended from time to time, which governs the service condition of the staff of the High Court.

5. The respondents 1 and 3, in their objections, have pleaded that a consolidated proposal of the High Court was received by the Government for upgradation of pay scale of all the employees working in the High Court at par with the employees working with the High Court of Punjab and Haryana and High Court of Delhi. The issue was threadbare discussed and examined by the High-Level Committee constituted for this purpose which was headed by Financial Commissioner, Finance Department. The financial implications involved in the proposal, pay anomalies wherever occurring, and various other related aspects of the case was examined during the deliber