Petitions filed by Clerical Staff Association allowed
Excelsior Correspondent
JAMMU, Oct 5: In a bunch of petitions filed by Jammu Kashmir Ladakh All Departments Clerical Staff Association, a Bench of Central Administrative Tribunal (CAT) Jammu comprising Rajinder Singh Dogra (Member Judicial) and Ram Mohan Johri (Member Administrative) has quashed SRO-333 dated August 2, 2018 to the extent of granting prospective effect to the up-gradation of pay scales of the applicants.
Further, the CAT has directed the respondents to grant benefits in terms of SRO 333 with retrospective effect from 01.01.1996 notionally and monetarily with effect from 19.02.2003 on the analogy of Accounts Cadre, Animal/Sheep Husbandry Cadre Posts, Patwaris and Section Officers.
After hearing Advocate Veenu Gupta for the petitioners whereas AAG Sudesh Magotra with Deputy AG Dewakar Sharma for the UT, the CAT further directed that this exercise be completed within a period of three months from the date of receipt of a certified copy of this order.
While allowing the petition, CAT observed, “perusal of the record shows that vide SRO-259 dated 18.07.2007, the pay scale of Section Officers of all State Government Departments was upgraded in the pay scale of 7450-225-11500 with effect from 01.01.1996 on notional basis and with monetary benefits with effect from 19.02.2003”.
“Similarly, vide SRO-94 of 2007, the pay scale of Accounts Cadre was upgraded notionally with effect from 01.01.1996 and with effect from 19.02.2003 monetarily. It is also seen from records that vide SRO 302 of 2013 dated 20.06.2013, the pay scale of Patwaris was upgraded from Rs 3050-4590 to Rs 4000-6000 notionally with effect from 15.12.2005 and monetarily with effect from 22.02.2008”, the CAT further observed.
“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 and prejudicial to a section of employees”, the CAT said.
The CAT further observed, “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”, adding “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”.
The CAT said, “this Bench is not convinced with the arguments raised by the respondents, in as much as, pay scales of several higher posts like Patwari and 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, the CAT allowed the petitions.
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