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2021 Supreme(J&K) 495

ALI MOHAMMAD MAGREY, SANJAY DHAR
Mohammad Farooq Shah – Appellant
Versus
State of J&K – Respondent


Advocates Appeared:
For the Petitioner:Mr. Altaf Haqani, Sr. Advocate with Mr. Shakir Haqani, Advocate.
For the Respondent Nos.1 and 3: Mr. B.A. Dar, Sr. AAG.
For the Respondent No.2:Mr. Aatir Javed Kawoosa, Advocate vice Mr. J.A. Kawoosa, Sr. Advocate.
For the Respondent No.4: Mr. Sajjad Ashraf, GA.
For the Respondent No.5: Mr. Nazir Ahmad, CGSC.

JUDGMENT :

1. Petitioner has challenged Government Order No.2327-LD(A) of 2016 dated 22.08.2016, whereby his claim for stepping up of his pay at par with his junior counterpart has been rejected.

2. The facts giving rise to the filing of the instant writ petition are that petitioner was appointed as a Junior Assistant in the Courts subordinate to the High Court of Jammu and Kashmir on 08.06.1979 and was later on confirmed in the said post in terms of order No.882 dated 13.12.1986. In terms of order No.207 dated 27.07.1996, petitioner along with others was granted insitu promotion as per the J&K Civil Services (Higher Standard Pay Scale Scheme) Rules, 1996 placing him in the 1st Higher Standard Pay Scale w.e.f. 01.01.1995. Petitioner was granted functional promotion to the post of Senior Assistant in the pay scale of 1200-2040 in terms of order No.349 dated 15.10.1996 and was later promoted to the post of Head Assistant, on which post he superannuated on 31.12.2010.

3. Case of the petitioner is that one Mohammad Ramzan Dar, who figured junior to him in the seniority list of Junior Assistants, was, at the time of fixing his pay in the higher post of Senior Assistant, granted higher pa

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