*Quashes order of Deptt of YSS
Excelsior Correspondent
JAMMU, Aug 31: A Bench of Central Administrative Tribunal (CAT) Jammu comprising of Rajinder Singh Dogra (Member-J) and B Anand (Member-A) has quashed Government order whereby the claim of the applicants (Physical Education Lecturers) for removal of pay anomaly/enhancement of grade pay from GP Rs 4300 to GP Rs 5400 on the analogy of Lecturers, School Education Department and other similar disciplines was rejected.
The claim of the applicants was considered by the Youth Services and Sports Department in compliance to the order dated February 15, 2021 passed by the CAT Jammu Bench in case titled Dr Hilal Ahmad Dar and Others Versus State of J&K through Chief Secretary and Others.
“By taking the note of the admission of the claim of the applicants/Physical Education Lecturers by the respondent department and as there is no difference between the status of Lecturers in Education Department and Youth Services and Sports Department as both the cadres have specialization in their relevant subject, we feel that discrimination should not take place among similar situated candidates”, the CAT said.
“Among thousands of similarly situated Lecturers, only 27 persons are being discriminated by not getting same pay scale as others are being paid. It is also important to mention that Government should also not suffer by financial burden which will come by giving retrospectively financial benefits”, the CAT said.
With these observations, the CAT quashed the Government Order No.01-JK(YSS) dated January 3, 2022 with the direction to the respondents to place the applicants in the pay scale of 9300-34800 with Grade Pay of Rs 5400 as is being granted to other similarly situated Lecturers of the Education Department retrospectively from the date of their appointment on the post of Lecturer in the department along with notional benefits.
“It is made clear that applicants will be given monetary benefits prospectively and they will not be entitled to any back wages/arrears”, the CAT said, adding “this exercise should be completed within a period of six weeks from the receipt of certified copy of this order”.
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