Junior employees cannot receive more benefits than seniors; the Administrative Department must rectify pay anomalies appropriately, especially impacting pension calculations.

ORDER ( FINAL)

(Delivered by Hon’ble Mr. Rajinder Singh Dogra, Member-J)

1. The applicant had initially approached the Hon’ble High Court of Jammu & Kashmir at Jammu through the medium of writ petition bearing SWP No.1547/2017 seeking following relief: -

“CERTIORARI; so as to quash communication impugned bearing No.IND/DOH/131/2009 dated 04-12-2015 addressed by respondent No.3 to respondent No.2 whereby the claim of petitioner for granting monetary benefit of stepping up of pay so as to bring him at par with his junior Irshad Ahmed Kamal (Ex-AHTO) and make him entitled for revised pensionary benefits has been illegally and arbitrarily rejected.

MANDAMUS; (i) so as to command and direct the respondents 1 to 3 to grant monetary benefit of stepping up of pay instead of notional benefit w.e.f. 01-03-2006 as granted vide Govt. order No.68-IND of 2014 dated 13-03-2014 passed by respondent No.1 in order to bring the petitioner at par with his junior Irshad Ahmed Kamal (Ex-AHTO) and accordingly release arrears in his favour w.e.f. 01-03- 2006 upto date of superannuation i.e. 31-12-2011.

(ii) so as to command and direct the respondent No.4 to refix the pension of petitioner and consequent thereto revised pensionary benefits including arrear on account of stepping of pay be released in favour of petitioner alongwith interest @9% per annum w.e.f. the date it became due till its realization.”

2. After the reorganization of State of Jammu and Kashmir into Union Territory of Jammu & Kashmir and Ladakh and in view of Notification No.G.S.R. 267(E) dated 29.04.2020 read with Notification No.G.S.R. 317(E) dated 28.05.2020 issued by the Ministry of Personnel, Public Grievance and Pensions (Department of Personnel and Training), the jurisdiction to adjudicate upon the lis regarding service disputes of the employees of U.T of J&K and Ladakh was conferred upon this Tribunal and while considering the said fact, the record of aforesaid writ petition was ordered to be transferred by the Hon’ble High Court to this Tribunal on 07.12.2021 and upon receiving the record the said writ petition is re-numbered as Transferred Application No.668/2022.

3. The facts leading to filing of the aforesaid Transferred Application are summarized as under: -

i) Vide order No.152-HD of 1978 dated 08-08-1978 issued by respondent No.2, the applicant was appointed as Accountant cum Store Supervisor (ACSS) in the pay scale of Rs.280-520. On 01.09.1996 the applicant has been granted second in-situ promotion in the pay scale of Rs.5500-9000 (pre-revised) in terms of Jammu and Kashmir Civil Services (Higher Standard Pay Scale Scheme) Rules, 1996.

ii) The junior of applicant namely Rakesh Kumar Maini Accountant-cum-Store Supervisor was already drawing more pay i.e. Rs.6,375/- w.e.f. 01.03.1997 than the applicant as such vide Joint Director Handicrafts Jammu’s order No.08-JDHJ of 1998 dated 09-05-1998 sanction has been accorded to the stepping up of pay of applicant from Rs.6200/- to Rs.6375/- in pay scale of Rs.5500-175-9000 w.e.f. 01-03-1997 instead of 01-09-1997.

iii) Vide Govt. Order No.178-HD of 2006 dated 26-08-2006 sanction has been granted for the third in-situ promotion in favour of applicant in terms of SRO 14/1996 in the pay scale of Rs.5700-10100 (pre-revised) w.e.f. 01-10-2005 and his pay was fixed @Rs.8100/-. Vide corrigendum dated 22.08.2007 to aforesaid order dated 26.08.2006 the effect of third time bound promotion has been treated as one month earlier i.e. 01-09-2005 instead of 01.10.2005. Thus by virtue of third in-situ promotion w.e.f. 01.09.2005 the salary of applicant was stepped up and was fixed @Rs.8100/- but