JOGINDER SHARMA Vs. STATE OF JAMMU AND KASHMIR
LAWS(J&K)-2020-2-36
HIGH COURT OF JAMMU AND KASHMIR
Decided on February 10,2020

JOGINDER SHARMA Appellant
VERSUS
STATE OF JAMMU AND KASHMIR Respondents

JUDGEMENT

Sanjeev Kumar,J. - (1.)Vide order No. 04-SMDA of 2008-09 dated 21st July, 2008 issued by respondent No. 2, the petitioner was engaged as Orderly on temporary basis on a consolidated pay of Rs. 2550/- i.e. the minimum basic pay of Class-IV. The engagement made was provisional in nature and subject to approval/confirmation by the Board of Surinsar- Mansar Development Authority. The petitioner claims that ever since he has been continuing and performing his duties as Orderly and is thus entitled to be regularized under the J&K Civil Services (Special Provisions) Act, 2010, ( for short ' the Act of 2010 ' hereinafter).
(2.)It is also submitted by the petitioner that his initial appointment has since been approved/confirmed by the competent authority. The petitioner, in the year 2014, after he rendered more than six years of service came to this Court by way of a writ petition bearing SWP No. 2467/2014 claiming, inter-alia, a direction to the respondents for regularization of his services under the Act of 2010. The writ petition was disposed of by a Bench of this Court vide order dated 11.09.2014 by providing that respondents shall consider the case of the petitioner for regularization of service in terms of the Act of 2010 and release his withheld salary. They were also directed to maintain the service status of the petitioner. It is the case of the petitioner that while the case of the petitioner for regularization is pending consideration before the higher authorities the respondents have declined to give the benefit of pay revision effected vide SRO 193 dated 24.04.2018 to the petitioner, whereby the basic pay scale of the Class-IV has been enhanced to Rs. 14,800/- per month.
(3.)The petitioner submits that despite the fact that the pay revision has taken place and the basic pay of the Class-IV employees has been raised, the petitioner is being paid Rs. 5740/- per month. The petitioner submits that the benefit of Pay Revision of the year 2018 was given to the petitioner only for a month i.e. for the month of April 2018, but later on it was stopped on the ground that SRO 193 of 2018 was not applicable to the employees working on consolidated basis.
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