Excelsior Correspondent
SRINAGAR, Oct 24: High Court today observed that State cannot discriminate between similarly circumstanced persons and directed the Forest Department to release the pay scale to the petitioner attached to the post of Law Officer.
Justice Ali Mohammad Magrey while allowing the petition of one Rabia Shah working as Law Officer in the Forest Department said, the State cannot discriminate between similarly circumstanced persons as it aims at the goal where everyone is and has to be, as far as possible, looked after.
Since, the petitioner-Shah, court said, is discharging her duties in the respondent department on the post of Law Officer pursuant to a valid Government order, therefore, the petitioner has to be paid the same pay scale as well as the grade attached to the post of Law Officer as is being paid to other similarly situated Law Officers working in various other departments of the Government.
Justice Magrey said, the respondents have treated the case of the petitioner as a ‘sui generis’ case and have invidiously discriminated her as such allowed her petition and directed the authorities to release the pay scale attached to the post of Law Officer, i.e. 9300-34000 with grade pay 4800, in favour of the petitioner without any further delay.
“The respondents shall, also, consider the petitioner for promotion to the next higher post along with other eligible Law Officers in the department, of course, in accordance with the law and the rules governing the field”, Justice Magrey added.
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