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2026 Supreme(Online)(CAT) 5183
CENTRAL ADMINISTRATIVE TRIBUNAL
Rajinder S Dogra, Member (J), Ram Mohan Johri, Member (A)
Mohd. Hussain Sheikh – Appellant
Versus
State of J&K – Respondent
T.A. No. 725/2020|SWP No.1895/2009
For the Appellants/Petitioners:Mr. Abhinav Sharma, Sr. Advocate assisted by Mr. Abhirash Sharma
For the Respondents: Mr. Rajesh Thapa, A.A.G.
Skilled status pay benefits under SRO 149 of 1973 apply from initial appointment for qualified police tradesmen; no retrospective perk recovery.
Headnote:Under SRO 149 of 1973, skilled workers in police transport workshops were entitled to pay scales from initial appointment dates, as recognized in prior litigation. Applicant, appointed as Constable Helper in 1981 with relevant qualifications, challenged Government Order No. 2172 of 2018 restricting benefits notionally from appointment and monetarily from issuance date, and withdrawing police perks. Court found applicant similarly situated to prior beneficiaries granted full benefits. Issues framed: Whether restricting monetary benefits to order date despite entitlement from initial appointment violated equality; whether withdrawal of police perks post-skilled status conferment was arbitrary. Ratio: Prior judicial recognition and government implementation for same class precluded lesser treatment; administrative convenience cannot deny vested rights or enable recovery of earned benefits without fraud. Transfer Application allowed; clauses (i) and (vi) of Order No. 2172 of 2018 quashed qua applicant; full pay scale benefits from 21.07.1981 with arrears, revised pension, no recovery of perks.
| Table of Content |
|---|
| 1. transfer of writ to tribunal challenging pay order. (Para 1 , 2 , 5) |
| 2. applicant's entitlement to skilled pay from 1981 per prior precedents. (Para 3 , 6 , 7 , 8 , 9) |
| 3. respondents defend order as balanced pay revision. (Para 4 , 10) |
| 4. full monetary benefits required; no delay bar. (Para 11 , 12 , 13 , 14) |
| 5. quash perk withdrawal; no recovery, revise retiral benefits. (Para 15 , 16 , 17 , 18 , 19) |
ORDER
Per: - Ram Mohan Johri, Administrative Member
1. The SWP No.1895/2009 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.725/2020 by the Registry of this Tribunal.
2. The present matter was filed before the Hon’ble High Court seeking following relief: -
a) “Certiorari, seeking to quash clause (i) of the Order No. 2172 of 2018 dated 23.05.2018, to the extent, the petitioner and other similar Skilled workers working in J&K Police Department are granted the pay-scales as provided for Skilled Workers in SRO 149 of 1973, “notionally from the date of their initial appointment and monetarily from the date of issuance of this order”;
b) Certiorari, seeking to quash Clause (vi) of the Order No. 2172 of 2018 dated 23.05.2018, under which it is provided that after conferment of Skilled/Semiskilled status, these personnel will cease entitlement to all Police specific perks, that, they will not be treated as members of various welfare schemes in vogue/ to be introduced in future in the Police Department and further that they will not be entitled to wear Police badges /ranks;
c) Mandamus, commanding and directing the respondents to modify the above referred order No. 2172 of 2018 dated 23.05.2018 in such a manner that, the words figuring in clause (i) of the order ‘notionally from the date of their initial appointment and monetarily from the date of issuance of this order’ are replaced by the words ‘from the date of their initial appointment’.
d) Mandamus, commanding and directing the respondents, that after conferring the Skilled Status of Category- B, to the petitioner and release his pay emoluments to the post of skilled worker Category-‘B’ under SRO 149 of 1973 w.e.f the date of petitioner’s initial appointment, no any excess amount like Police Perks paid to the petitioner shall not be accounted for at the time of final due and drawn statement payable to the petitioner. As the petitioner has performed his post service in the department as twenty four hours duty.
e) Prohibition, restraining the respondents from taking any step with regard to the stopping of the Police specific perks and for disentitlement of the petitioner to various welfare schemes meant for Police personnel.
f) ANY other writ, writ, order or direction, which this Hon'ble Court may deem fit or proper in the facts and circumstances of the case.”
3. The facts of the case as pleaded by the petitioner in his pleadings are as follows: -
a) The present matter arises out of WP(C) No. 1895/2019, which was later transferred to this Tribunal by order dated 17.04.2020 and renumbered as T.A. No. 725/2020. The applicant challenges Government Order No. 2172 of 2018 dated 23.05.2018 to the extent it grants him the benefit of the skilled worker pay scale only notionally from the date of his initial appointment and monetarily from the date of issuance of the said order, and further provides that after conferment of skilled/semi-skilled status, such personnel shall cease to be entitled to police-specific perks, welfare measures, and police badges/ranks. The applicant seeks extension of full monetary benefits from the date of his initial appointment and also questions the withdrawal of police-related service benefits.
b) The case of the applicant is that he was appointed as Constable Helper in Police Transport Workshop, Srinagar, vide order dated 21.07.1981. According to him, he possessed the qualification of Matric with more than three years’ experience in automobile trade, and since his appointment was made after the issuance of SRO
