CENTRAL ADMINISTRATIVE TRIBUNAL
Rajinder Singh Dogra, Judicial Member, Ram Mohan Johri, Administrative Member
Mushtaq Ahmad – Appellant
Versus
State of J&K – Respondent
| Table of Content |
|---|
| 1. transfer from high court and petitioner's prayers for pay parity. (Para 1 , 2 , 3) |
| 2. respondents deny parity based on recruitment rules. (Para 4) |
| 3. summary of claims and issues on discrimination. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 4. equal pay for equal work under articles 14/16. (Para 12 , 13 , 14 , 15 , 16) |
| 5. seniority protects against junior-favoring benefits. (Para 17 , 18) |
| 6. prior discrimination not cured by later rules. (Para 19 , 20 , 21 , 22) |
| 7. binding precedent mandates parity relief. (Para 23 , 24 , 25 , 26 , 27) |
| 8. directions for upgradation, placement, arrears. (Para 28 , 29) |
ORDER
Per: - Rajinder Singh Dogra, Judicial Member
1. The SWP/WP(C) No. 424/2018 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and was registered as T.A. No. 61/3597/2020 by the Registry of this Tribunal.
2. The present matter was filed before the Hon’ble High Court with following prayer:
a) “It is, therefore, respectfully prayed that the writ petition may kindly be accepted by issuing an appropriate writ, direction or order including in the nature of writ of mandamus commanding the respondents 1 to 4 to sanction and grant the pay scale of Rs. 7500-12000 (rev
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