A petitioner cannot claim a higher pay scale after accepting a lower position for an extended period, as estoppel and delay bar such claims.

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:-

3. From the bare perusal of the aforesaid Advertisement, it is apparently clear that in terms of Advertisement notice mentioned supra, applications were invited for the post of Supervisor Sub-Auditor in the pay scale of 475-850, Super Sub-Auditor in the pay scale of 410-700 and Junior Assistant in the ministerial cadre in the pay scale of 410-700. The essential qualifications were prescribed in the aforesaid Advertisement notice. For facility of reference Supervisor Sub-Auditor was also the post which was advertised through the medium of aforesaid Advertisement Notice falling in the pay scale of 410-700. The further case of the petitioner is that the petitioner, having possessed the eligibility in conformity with the terms and conditions of the Advertisement notice, applied for the post of Supervisor Sub-Auditor in the pay scale of 475-850 and pursuant thereto he was called for interview.The petitioner thereafter appeared before the Divisional Recruitment Board for Cooperative Department J&K and on the basis of his performance in the interview, the petitioner was selected and consequently, appointment order was issued in his favour. The further case of the petitioner is that in pursuance to the culmination of the selection process, the petitioner instead of being appointed as Supervisor Sub-Auditor in the pay scale of 475-850, came to be appointed in a lower grade i.e., 410-700. It is this action of the respondents, which is subject matter of challenge in the instant writ petition.

4. Learned counsel for the petitioner submits that since the petitioner was not in a bargaining position and thus under the compelling circumstances, accepted the said employment as Supervisor Sub Auditor in the pay scale of 410-700 and was allowed to continue, as such uninterruptedly and without any hindrance. Since the petitioner was appointed in a lower grade, therefore, feeling aggrieved of the same, he filed a detailed representation dated 15th September, 1988 before the respondents which has been placed on record and forming Annexure-D to the writ petition. Learned counsel submits that since the representation mentioned supra followed by various reminders given by the petitioner from time to time was not accorded any consideration by the respondents, as a result of which, the grievance of the petitioner was not redressed, which constrained him to invoke