The judgment established the principle that once employees are in one cadre, the distinction between direct recruits and promotees disappears, and no discrimination can be made thereafter in fixing their service conditions, including their pay scales.

JUDGMENT :

1. By way of this petition, petitioners have challenged the inter se pay disparity created by the respondents in between the two groups of senior stenographers, direct recruits and promotees insofar as their pay-scales are concerned. Petitioners have challenged and sought quashment of the Order No. 51(Est) of 2016 dated 12.09.2016, to the extent it pertains to the partial modification of University order No. 14 (Est) of 2008, dated 10.06.2008, issued by respondent Nos. 1 and 2 by virtue of which the petitioners have been granted the higher pay-scale. Petitioners have further sought direction upon respondents not to disturb the pay scales granted to the petitioners/non-teaching employees in pursuance to the University Order No. 14 (Est) of 2008, dated 10.06.2008.

Brief facts of the case:-

2. Sher-e-Kashmir, University of Agricultural Sciences and Technology (hereinafter to be referred to as “SKUAST”) was established under Section 3 of Sher-e-Kashmir, University of Agricultural and Sciences and Technology Act, 1982. In the year 1999, the SKUAST was bifurcated into SKUAST Kashmir and SKUAST Jammu and after the creation of SKUAST Jammu, certain teaching and non-teaching posts were created by the Government for it which included, amongst others, 10 posts of Senior Stenographers having dual pay scale of Rs. 5500–175–9000/6500–200–10500, vide University Order dated 15.06.2000.

3. It is stated in the writ petition that while issuing a formal order for creation of staff for establishment of SKUAST Jammu vide University Order dated 15.06.2000, two pay-scales of same post of Senior Stenographer were provided, which created an anomaly in the pay scale of senior Stenographers and in this regard, the Registrar SKUAST Jammu vide letter dated 21.11.2017, addressed to Principal, Secretary, Finance Department, respondent No. 3 mentioned that due to mistake, two pay scales of the same post of Senior Stenographers have been provided in the notification which has created anomaly in the pay scale of Stenographers and requested that existing pay scale of Rs. 5500–9000 (pre-revised) for the post of Senior Stenographers may be treated enhanced to Rs. 6500–10500 (pre-revised), from 15.06.2000, that is, the date of creation of these posts in the university.

4. It is stated that out of 10 posts of Senior Stenographers sanctioned for SKUAST Jammu, 08 posts were filled up by the SKUAST Jammu i.e. Five by promotion and three by direct recruitment. The petitioners, in response to the notification dated 04.06.2001, applied for the two leftover posts of Senior Stenographers through proper channel and their candidature was forwarded to SKUAST Jammu, by the previous employers of the petitioners i.e. University of Jammu and J&K State Board of School Education, respectively. The petitioners qualified the skill test and interview and came to be appointed as Senior Stenographers in SKUAST Jammu. The previous service rendered by the petitioners was also counted by the University for pensionary benefits in terms of clause 29 (iii) of SKUAST Statutes.

5. It is stated that the petitioners were appointed in the pay scale of Rs. 5500–175–9000 on 02.08.2002 which is a lower pay Scale in comparison to those working in other Government Departments, despite the fact that they were recruited with same academic qualifications and technical skills as is prescribed for such similarly placed employees in the State Government Departments. It is further stated that the petitioners after their appointment also agitated before the University Authorities for conversion/rectification of their pay scale. The same was considered by SKUAST from time to time in the meetings of Board of Management held on 29.08.2005, and subsequently it was decided that the case be sent to respondent No. 3 for examination.

6. It is also stated that the respondent No. 3, who is a Financial Advisor to both the wings of SKUAST Jammu/Kashmir, vide office letter dated 23.04.2008, addressed to the Registrars o