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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
WASIM SADIQ NARGAL
Ghulam Mohi ud Din Sheikh S/o Ghulam Ahmed Sheikh – Appellant
Versus
State of Jammu and Kashmir – Respondent
JUDGMENT :
BRIEF FACTS OF THE CASE
1. The instant petition has been filed by the petitioner seeking quashment of Order No. 172-Adm of 2010 dated 27 th December, 2010 issued by the Registrar, Co-operative Societies J&K, Jammu. Besides, seeking a writ in the nature of mandamus commanding the respondents to place the petitioner in the pay scale of Rs. 475-850 (pre-revised) retrospectively from the date he has been appointed as Supervisor Sub-Auditor i.e., 3rd July, 1987 with further direction to the respondents to release all consequential benefits to the petitioner including that of salary, seniority and promotion to which he is entitled to.
2. Ms. Insha Rashid, learned counsel appearing for the petitioner submits that petitioner responded to the Advertisement Notice dated 25th October, 1985, issued by the respondent no. 3, wherein, amongst others, applications were invited for making appointment against the post of Supervisor Sub-Auditor in the pay scale of Rs. 475-850 and the essential qualification as per the Advertisement notice was as under:-
| S.No.Name of post | Pay scale | Essential Qualification |
| 1.Supervisor Sub Auditor | 475-850 | Inter/Higher Secondary (10+2) of any recognized University or |
A petitioner cannot claim a higher pay scale after accepting a lower position for an extended period, as estoppel and delay bar such claims.
The main legal point established in the judgment is the entitlement of the petitioner, as a diploma holder, to the grade of Rs.5700-10100 retrospectively from the date of his initial appointment, emp....
A person senior in a gradation list cannot be allowed to be paid lesser salary than his junior, as per the Supreme Court’s decision in Gurcharan Singh Grewal and another vs. Punjab State Electricity ....
The right to claim correct salary throughout the tenure of service cannot be defeated on account of delay, but the conscious decision of an employee not to exercise an option within a stipulated time....
The Writ Petition was dismissed as not maintainable due to being filed after the limitation period. On merits, the court found that the promotion of Sri G.K. Venkoba was granted under the reservation....
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