Pay fixation for in-service direct recruits under Art.77(d) J&K CSR at minimum scale plus personal pay is lawful, protecting emoluments without stage promotion.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No. 408/2019 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No/221/2020 by the Registry of this Tribunal.

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

a) CERTIORARI: Quashing the pay Fixation of the Petitioner after joining the services of the respondents which is in violation of Article 77 of the J&K Civil Services Regulation, 1956.

b) MANDAMUS: Commanding the respondents to accord protection of pay in terms of Article 77 of the J&K Civil Services Regulation, 1956 and on the analogy of similarly situated persons who have been granted the protection of pay in terms of aforesaid rules, further;

c) MANDAMUS: Commanding the respondents to release the entire arrears of salary after fixing the pay in terms of Article 77 of the J&K Civil Services Regulation, 1956 with effect from joining in new Department of Respondents with all other consequential benefits;

d) MANDAMUS: Commanding the respondents to accord similar treatment to the Petitioner as has been accorded in terms of judgment dated 10.11.2017 passed in SWP No. 2645/2012 with all consequential benefits

Any other relief which this Hon'ble Court, in facts and circumstances of the case deems fit and proper.

3. The facts of the case as pleaded by the petitioner in his pleading are as follows: -

a) The present Transfer Application arises out of SWP No. 408/2019, which stood transferred to this Tribunal and registered as T.A. No. 221/2020. The applicant, Zafar Mahdi, is an in-service government employee who initially entered public service as a Lecturer (10+2 Commerce) in the School Education Department in the pay scale of 9300-34800 with Grade Pay 5400. Thereafter, he was appointed as Assistant Director in the HARSHIT YADAV /efd0ctd3 1 d9171e774ed64e83e889590de390¢87I3d3elda8, Planning and Development Department in the pay scale of 9300-34800 with Grade Pay %4800, where his pay was duly protected in accordance with Article 77 of the J&K Civil Services Regulations, 1956, and was fixed at =16,580 + Grade Pay %4,800 + Personal Pay 600, as reflected from the Last Pay Certificates on record.

b) While serving as an in-service candidate and after applying through proper channel with due permission, the applicant appeared in the J&K Public Service Commission Combined Competitive Examination, 2011, and on being selected, came to be appointed to the J&K Police (Gazetted) Service. Consequent upon his appointment, he joined at Police Headquarters and was deputed to undergo basic induction training at the Sher-e- Kashmir Police Academy, Udhampur, which he successfully completed. Thereafter, he was posted at various places and, at the time of filing of the application, was serving as Sub- Divisional Police Officer.

c) The grievance of the applicant is confined to the fixation of his pay at the time of joining the Police Department. According to him, despite the fact that he was already holding a substantive civil post and was drawing pay higher than the minimum of the time scale of the post to which he was appointed, his initial pay in the J&K Police (Gazetted) Service was not fixed in accordance with the mandate of Article 77 of the J&K Civil Services Regulations, 1956. It is pleaded that the post of Deputy Superintendent of Police involves duties and responsibilities of greater importance and, therefore, he was entitled either to stage-to-stage fixation or, at the ve