Decided on September 22,2020

Mohammad Yaqoob Wani Appellant
STATE Respondents


- (1.)The petitioner, by the present writ petition, seeks a direction in the name of respondents to grant him the pay-scale of Rs. 4000-6000 (Revised) from the date of his initial appointment into the service and the respondent no. 1 be directed to consider and issue the orders of upgradation of the post of Lift Operator in favour of the petitioner as recommended by respondent no. 2 in the pay-scale of Rs. 900-1830 (unrevised) Rs. 4000-6000 (Revised) and pay him the arrears with effect from the date of his initial appointment.
(2.)The short and simple issue raised in this writ petition is that the petitioner is an employee in the High Court of J&K, appointed initially as Lift Operator in the year 1989 after having been appointed as such in terms of Order No. 169 dated 13.5.1989 and placed in the grade of Rs. 630-940 and he is not being paid the grade attached with the post as is being paid to the other similarly situated employees of the other Government department, i.e., 900-1830 (Unrevised). He is stated to have represented in this behalf many a times and the respondent no. 2 addressed communications to respondent no. 1, however, nothing has been done as yet, therefore, the writ petition.
(3.)Respondents, upon notice appeared but the reply has been filed only by respondent no. 2 stating therein that the petitioner has initially been appointed as Lift Operator but later on in terms of order No. 61-1 dated 12.04.2007 he was promoted to the post of Junior Assistant. Subsequently he was promoted to the post of Senior Assistant in the year 2010 in terms of Order No. 1232 dated 31.03.2010 and lastly the petitioner has further been promoted to the post of Head Assistant in terms of Order No. 1573/Gs dated 10.04.2020. Therefore, it is stated that since the petitioner has got three functional promotions from the date of his appointment and is presently working as Head Assistant, therefore, the claim made in the writ petition does not have any legal basis as he has not been subjected to any discrimination.

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