O R D E R

1. The instant petition has been filed by ld. counsel of the applicant with following prayer:

(i) commanding the respondents to treat the applicant to be an appointee of the year 2008 for the purpose of computing the salary of the applicant and to treat the case of the applicant for the pensionary benefits under the old defined pension scheme.

(ii) commanding the respondents not to consider the case of the applicant for pensionary benefits under the New Defined Contribution Pension Scheme (NPS) applicable in the State of J&K w.e.f. 01-10-

2010.

(iii) commanding the respondents to release the salary of the applicant without insisting from the applicant for the PRAN No. i.e Permanent Retirement Account Number issued under the New Pension Scheme made applicable to the State Government Employees on or after 01-01-2010.

(iv) commanding the respondents to release salary of the applicant after affecting necessary G.P fund deductions in accordance with the Old Defined Pension.

2. The Brief facts of the case:

The brief facts of the case is that the applicant was appointed as a Supervisor in the Social Welfare department vide order No. 98- DSWJ of 2008 dated 13.06.2008 and was substantively holding the said post having successfully completed her probation period of two years. In the year 2010, applicant applied for the posts of Labour Officer and Labour Inspector in the labour and Employment Department as an in-service candidate through proper channel pursuant to advertisement notice No. 08 of 2010 dated 24.12.2010 issued by the respondent No. 4. Applicant also submitted an advance copy of her application form in accordance with the terms and conditions of the above said advertisement notice. There was, however, delay on part of the respondent No. 3 in forwarding the application form of the applicant to the respondent No. 4. Be that as it may be, applicant was eventually selected and appointed as Labour Inspector and joined the said post after resigning from the post of Supervisor earlier held by the applicant. Applicant, however, is not being given the benefit of her past service and is being treated as a fresh appointee so as to govern her case under the J&K Civil Services (Defined Contribution Pension Scheme) Rules, 2010 on the ground that she had not been recommended as a departmental candidate in time. Applicant, who stood already appointed in the year 2008 as Supervisor and had applied for the post of Labour Inspector through proper channel is entitled to the pay protection and the old pensioner scheme will govern her case. Applicant has been selected and appointed to a new post under the same employer i.e. the State of J&K and cannot be madeto suffer for the fault of respondent No. 3. To make things worse, applicant has not been paid her salary for the last 20 months and the respondents are insisting for the applicant to obtain PRAN (Permanent Retirement Account Number) for the purpose of making deductions under the new pension scheme. Hence, the present petition.

3. Arguments made by ld. counsel for the applicant:

(i) Ld. counsel for the applicant submitted that the applicant has joined the post of Labour Inspector on 01.03.2012 and is discharging duties for the said post for the last 20 months and has not been paid her salary till date.

(ii) Learned counsel for the applicant further submitted that as per the CSR after the applicant joined the new post after having applied through proper channel, she is entitled to the pay protection and the old pensionary scheme will govern her case. The applicant is further entitled to compute the period of service rendered by her in Social Welfare Department for the purpose of pensionary benefits.

(iii) Learned counsel for the applicant also submitted that the applicant cannot denied the benefit of the Old Pension Scheme as was applicable to her at the time of the first appointment in the year 2008 and as has been allowed in the case of similarly situated candidates on the ground that her app