Career scheme not retrospective; pre-cut-off retirees ineligible; superseded pay order final; claims barred by delay.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.1197/2015 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.282/2025 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court seeking following relief: -

a) “An appropriate writ order or direction in the nature of writ of mandamus thereby directing the respondents to step up/place the petitioners at the minimum of Rs. 14,940/- w.e.f, the date each petitioner completes his/her five years service in the scale of Rs. 3700-5700 i.e. the pre-revised scale of Rs. 12,000-420- 18300 in terms of University Grants Commission communication No. F.3-1/94(PS)-7 dated 19.10.2006 read with another communication No. F.2-2/2008(PS) dated 06.04.2008 and accordingly fix the salary and pension, determine the arrears and pay the same to each petitioner along with penal rate of interest.

b) Any other writ, order of direction which this Hon’ble Court may deem fit in the given facts and circumstances of the case may please also be issued in favour of the petitioners and against the respondents.”

3. The facts of the case as pleaded by the petitioners in their pleadings are as follows: -

a) The applicants are senior citizens and retired employees of the University of Jammu who had served the institution on the post of Assistant Librarian and were, during the course of their service, granted Senior Scale and thereafter Selection Grade in accordance with the applicable service rules. The applicants contend that they are governed by the Revised Career Advancement Scheme framed by the Ministry of Human Resource Development vide letter No. F.1-9/99-U.I. dated 22.09.2006, which was circulated by the University Grants Commission to all State Governments and Universities on 19.10.2006. As per Clause-VI of the said scheme, Deputy Librarians and Assistant Librarians in Selection Grade, who had completed five years of service as on 01.01.1996, were entitled to placement at the minimum pay of Rs. 14,940, in the same manner as was extended to Readers.

b) It is the specific case of the applicants that all of them had completed the requisite qualifying service in the pre-revised scale of Rs. 3700-5700 (corresponding to the revised scale of Rs. 12,000-18,300) and thus squarely fell within the zone of , consideration under the aforesaid scheme. Acting upon the UGC communication, the respondent-University issued an order dated 04.12.2008 whereby the pay of applicants No. 1, 3, 4 and 5 was stepped up to Rs. 14,940 from the respective dates on which they completed five years of service in the Selection Grade, and applicant No. 2 was also extended similar benefit. However, despite being identically situated, the cases of applicants No. 6 and 7 were not considered at all, without assigning any reasons, resulting in arbitrary discrimination amongst persons similarly circumstanced.

c) The applicants further assert that even in respect of applicants No. 1 to 5, the benefit of stepping up of pay, though ordered, was never actually released from the due dates, and consequently all the applicants have been deprived of the accrued monetary benefit till their retirement. The applicants emphasize that the revised Career Advancement Scheme has never been withdrawn, modified, or diluted, and the University of Jammu has no authority to impose any unilateral restriction upon its implementation, particularly when the same benefit has , been extended to Readers and to similarly placed Assistant/Deputy Librarians in other Universities. Despite repeated representations submitted by the applicants seeking redressal of th