Higher pay scale granted to regularized daily wagers via DPCs upheld after 20+ years; rescission ab initio and recovery quashed as arbitrary, especially post-retirement, absent employee fault.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No. 1922/2013 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No/274/2025 by the Registry of this Tribunal.

It is, therefore, most respectfully prayed that keeping in view the submissions made hereinabove and those to be urged at the time of hearing, the Hon'ble Court may very kindly be pleased to: -

CERTIORARI: -

Quashing Government Order No.184-PDD of 2013 dated 31-07- 2013 issued by respondent No.1 whereby the one step up higher pay scale awarded to the petitioners by respondent No.4 vide order No.CEJ/DPC-1/40 of 2006 dated 29-05-2006 to that of pay scale against which the petitioners have been initially brought into regular cadre as skilled workers have been illegally/arbitrarily rescinded ab-initio by the respondent No.1 and also ordered that the recoveries be affected from the petitioners in flagrant violation of law laid down by the Honble Division Bench of this Honble Court in bunch of Letter Patents Appeal lead case being titled as Accountant General J&K V/s Kartar Chand & Anr and also in contravention of law laid down in SWP No.1130/2010 titled Bizal Singh V/s State decided on 27-04-2011.

MANDAMUS:-

i)Commanding the respondents not to disturb the existing pay structure/scale of the petitioners as they are at the fag end of their service career.

ii) Commanding the respondents not to effect the recoveries from the petitioners on the basis of the impugned order and to fix the pension of the petitioners on the basis of the salary last drawn by them and calculate the pensionary benefits accordingly as is settled by the Apex Court in Union of India V/s Jagdish Pandey (Civil Appeal No.365 of 2007 decided on 08-07- 2010) read with law settled in Perdhuman Krishan Khullar V/s UOI 2003 (3) JKJ HC, Mulkh Raj V/s UOI (SWP 341/03 decided on 03-11-2006 and Mahmood Beigh V/s Union of India (SWP No.1362/2006 decided on 15-11-2008). Prayer for grant of any other interim or final relief as may be deemed appropriate in the circumstances of the case.

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

a) The present Transfer Application arises out of SWP No. 1922/2013, originally filed before the Hon’ble High Court of Jammu & Kashmir, which upon establishment of this Tribunal stood transferred and registered as TA No. 274/2025.

b) The applicants are employees of the Power Development Department (PDD), Government of Jammu & Kashmir, who initially entered service as Daily Wagers (Skilled Workers) Upon completion of the requisite period and fulfillment of eligibility conditions, their services were regularized against sanctioned posts in the regular cadre of the department. The individual service particulars of the applicants are reflected in their respective service records.

c) After regularization, the cases of the applicants, along with other similarly situated skilled workers, were placed before duly constituted Departmental Promotion Committees (DPCs) held under the chairmanship of the Chief Engineer, EM&RE Wing, Jammu. These DPCs were convened pursuant to specific directions issued by the Administrative Department, i.e., Power Development Department, vide communication dated 16.05.2002, whereby it was decided that skilled workers be considered for placement against technical vacancies carrying higher pay scales, as agreed in the 49th meeting of the DPC and as opined by the Finance