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| CAT directs to grant benefits in terms of SRO 333 with retrospective effect from 1996 | | | Early Times Report
JAMMU, Oct 5: In a bunch of petitions filed by Jammu Kashmir Ladakh All Departments Clerical Staff Association, Through its State President ors others seeking seeking quashing of SRO 333 dated 02.08.2018 to the extent of grant of prospective effect only and the respondents be directed by issuance of a writ of mandamus to grant the benefits in terms of the SRO with retrospective effect from 01.01.1996 notionally and monetarily w.e.f. 19.02.2003 on the analogy of Accounts Cadre, Animal/Sheep Husbandry Cadre Posts, Patwaris and Section Officers.
A Bench of Central Administrative Tribunal Jammu Comprising Rajinder Singh Dogra Member (J) and Ram Mohan Johri Member (A) after hearing Adv Veenu Gupta for the petitioners whereas AAG Sudesh Magotra with Deputy AG Dewakar Sharma for the UT, allowed the petition and the SRO 333 dated 02.08.2018 to the extent of granting prospective effect to the upgradation of pay scales of the applicants is quashed. The respondents are directed to grant benefits in terms of SRO 333 with retrospective effect from 01.01.1996 notionally and monetarily w.e.f. 19.02.2003 on the analogy of Accounts Cadre, Animal/Sheep Husbandry Cadre Posts, Patwaris and Section Officers. CAT further directed that this exercise be completed within a period three months from the date of receipt of a certified copy of this order.
While allowing the petition, CAT observed that the issue to be decided by this Tribunal in the instant T.A. is as to whether the applicants are entitled to claim the benefit of upgradation of pay scale retrospectively w.e.f. 01.01.1996 notionally and monetarily w.e.f. 19.02.2003 on the analogy of Accounts Cadre, Animal/Sheep Husbandry Cadre Posts, Patwaris and Section Officers.
CAT further observed that perusal of the record shows that vide SRO-259 dated 18.07.2007 (Annexure A-III), the pay scale of Section Officers of all State Government Departments was upgraded in the pay scale of 7450-225-11500 w.e.f. 01.01.1996 on notional basis and with monetary benefits w.e.f. 19.02.2003. Similarly, vide SRO-94 of 2007, the pay scale of Accounts Cadre was upgraded notionally w.e.f. 01.01.1996 and w.e.f. 19.02.2003 monetarily. It is also seen from records that vide SRO 302 of 2013 dated 20.06.2013 (Annexure X), the pay scale of Patwaries was upgraded from Rs. 3050-4590 to Rs. 4000-6000 notionally w.e.f. 15.12.2005 and monetarily w.e.f. 22.02.2008.
CAT further observed that it is true, as stated by the respondents, that pay fixation/pay revision/removal of pay anomaly lies in the domain of the Executive and the scope of judicial review of administrative decision in this regard is very limited. However, it is also equally well-settled that the Courts can interfere in matters pertaining to pay fixation and pay parity when they find such a decision to be unreasonable, just and prejudicial to a section of employees, CAT said.
CAT further observed that as is clear from preceding, the pay scales of several posts were upgraded with retrospective effect, however, while upgrading the pay scale of the applicants vide SRO 333, the respondents have given prospective effect to the same, which action is discriminatory and arbitrary in nature. The main argument put forth by the respondents is that giving retrospective effect to the upgradation of pay scale of the applicants would lead to huge financial burden. CAT observed that this Bench is not convinced with the arguments raised by the respondents, in as much as, pay scales of several higher posts like Patwari, Section Officer were upgraded with retrospective effect which certainly would also have entailed financial implications, a contrary stand cannot be taken for the applicants herein, who are working on lower level posts like Junior Assistants etc.
With these observations, CAT allowed the petition.
—JNF |
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