HIGH COURT OF JAMMU AND KASHMIR

AT SRINAGAR

SWP No.877/2019 [WP(C) No.1410/2019]

CM No.2570/2019

Reserved On: 24^th of February, 2021

Pronounced On: 26^th of February, 2021

Latif Hussain Khan & Ors.

….. Petitioner(s)

Through: -

Mr Rohit Kapoor, Senior Advocate with

Mr Ankit, Advocate.

V/s

State of JK & Ors.

….. Respondent(s)

Through: -

Mr B. A. Dar, Sr. AAG for R-1&3

Ms Masooda Jan, Advocate for R-2.

CORAM:

Hon’ble Mr Justice Ali Mohammad Magrey, Judge

Hon’ble Mr Justice Tashi Rabstan, Judge

(JUDGMENT)

{Per Magrey; J}:

01.

By medium of the instant petition, the petitioners have craved the

indulgence of this Court in granting them the following relief(s):

<(i) Accord consideration for promotion to the post of Senior

Assistant retrospectively to the petitioners with all the financial benefits

attached to higher post; and

(ii) Fix and grant pay scale, by appropriate amendment in Jammu

and Kashmir High Court Staff (Appointment and Conditions of Service)

Rules 2002, similar to that of Delhi and Punjab High Courts with

retrospective effect from the date of their respective appointments as

Restorers in High Court of Jammu and Kashmir.

And

TAHIR MANZOOR BHAT

2021.02.26 17:15

I attest to the accuracy and

integrity of this document

Page 2 of 9

SWP No.877/2019 [WP(C) No.1410/2019]

CM No.2570/2019

Any other writ, order or direction that may be, appropriate in the

facts of the case may also be issued in favour of the petitioner. Petitioner

may also be awarded costs of this petition.=

02.

The precise case of the petitioners is that they are working as

Restorers in the High Court of Jammu and Kashmir (hereinafter referred to as

<the High Court=) and that they have remained stagnated on the said posts as

there are no promotional avenues available for them in terms of the rules

governing the field. It is stated that apart from the above, the grade attached

to the said posts of Restorers is Rs.2610-3450 (pre-revised) which is neither

commensurate to the duties being performed by the petitioners nor at part with

their counterparts working in the other High Courts of the country. Faced with

this situation, the petitioners, as stated, in year 2008, filed a representation

before the respondent No.2/ Registrar General of the High Court for seeking

redressal of their grievances. The respondent No.2, in terms of communication

No.16622/NG dated 3^rd of August, 2016, requested the respondent No.3 to

accord approval for upgradation of pay scale of Restorers working in the High

Court from 2610-3450 (pre-revised) to 3050-4910 (pre-revised). It is pleaded

that despite there being said recommendations for upgradation of pay scale

from the respondent No.2, the respondent-Government is not considering the

case for reasons not known to the petitioners.

03.

Objections stand filed on behalf of the respondents.

04.

In its objections, the High Court/ respondent No.2 has contended

that insofar as the representation of the petitioners is concerned, the same was

placed before Hon’ble the Chief Justice and His Lordship has directed that the

TAHIR MANZOOR BHAT

2021.02.26 17:15

I attest to the accuracy and

integrity of this document

Page 3 of 9

SWP No.877/2019 [WP(C) No.1410/2019]

CM No.2570/2019

matter be taken up with the Government for revision of pay scale of Restorers

in order to bring them at par with their counterparts working in the other High

Courts. It is pleaded that, thereafter, the communication, bearing No.

16622/NG dated 3^rd of August, 2016, was issued to the respondent No.3

requesting therein to accord necessary approval for upgradation of pay scale

of Restorers working in the High Court from 2610-3450 (pre-revised) to

Rs.3050-4910 (pre-revised). As regards the contention of the petitioners that

their case be considered in light of the mandate of the Jammu and Kashmir

High Court Staff (Appointment and Condition of Service)