RAGHBIR LAL KOHLI Vs. STATE OF J&K
LAWS(J&K)-2006-3-33
HIGH COURT OF JAMMU AND KASHMIR
Decided on March 17,2006

Raghbir Lal Kohli Appellant
VERSUS
STATE OF JANDK Respondents

JUDGEMENT

- (1.) IT is unfortunate that the judicial employees are compelled to seek judicial remedies time and again for the redressal of their grievances particularly while seeking parity with the Government Employees working in the Secretariat. As far the Secretariat Employees are concerned, they are allowed benefit of the promotion/higher pay scales voluntarily by the Government and when it comes to conferment of the similar benefits on the basis of the entitlement of the judicial employees impediments are being created on one pretext or the other forcing the judicial employees to seek legal remedies. Petitioners herein are judicial employees and this is their third round of litigation for the redressal of their grievances through judicial intervention. It may be useful to briefly noticed the background where under the petitioners have been forced to approach this court in series of litigation.
(2.) ALL the petitioners are presently posted as Principal Private Secretaries to the Honble Judges of this Court and are placed in the pay -scale of 9000 -14100. Being denied similar treatment as given to the Private Secretaries working with the Ministers and Ministers of State in the State Government falling under J&K Secretariat (Gazetted Service), some of the petitioners filed writ petition No.987/91 invoking principle of equal pay for equal work and parity with their counter parts working with the Ministers, Minister of State and Head of the Department in the executive. This writ petition was allowed vide judgment dated 17th July, 92 and appeals preferred there from right up to the Apex Court came to be dismissed. As a consequence of the aforesaid judgments, petitioners were treated at par with the Private Secretaries working in the Secretariat, referred to above. Subsequently the Private Secretaries working in the Secretariat were placed in the selection grade of Rs.9000 -14100 equivalent to 25% of the cadre strength with at least 5 years service in the regular grade of 2125 -3600 (pre -revised) vide Government Order No.476 -GAD of 1996 dt.3rd July, 96. The benefit of Selection Grade was allowed w.e.f. 2nd June, 96. This was followed by Government Order No.142 -GAD/98 dated 19 -11 -1998 whereby eleven more Private Secretaries working in the Secretariat were granted Selection Grade of Rs.9000 -14100. Though petitioners were earlier treated at par with the private secretaries working in the Secretariat, they were not allowed similar benefits. Denial of such a benefit compelled the petitioners to file another writ petition (SWP) No 295/98 for grant of the similar benefits as were allowed to their counter -parts in the Secretariat Service. This writ petition also succeeded vide judgment dated 7 -4 -2000 by the writ court. After observing that the petitioners are at par with the private secretaries working in the Secretariat, the writ court thus observed: - "iv)That benefit of selection grade of Rs.2500 -4000 (Old) now revised to Rs.9000 -300 -14100 would be given to the 25% of cadre strength of petitioners from the same date i.e. 22.6.1996, from which date it has been given to the Private Secretaries falling in J&K Secretariat (Gazetted) Service (Vide Government Order No.476 -GAD of 1996 dated
(3.) -7 -1996) along with all consequential benefits including arrears." 3. While issuing aforesaid direction, respondents were given 90 days time to implement the judgment failing which interest was ordered @ 12%. This judgment dated 7 -4 -2000 was appealed against before the Division Bench of this court, however, in the meanwhile State issued Government Order No.705/LD(A) of 2001 dated 17 -3 -01 whereby sanction was accorded for the creation and up -gradation of various posts in High Court and sub -ordinate judiciary which inter -alia included grant of selection grade of Rs.9000 -14100 for 25% of the sanctioned number of posts of Private Secretaries. With the sanction of aforesaid posts High Court issued Order No.181 dated 28th May, 01 re -designated the petitioners as Principal Private Secretaries from the date they were placed in the Selection Grade of Rs.9000 -14100. Government also issued Government Order No.2642 -LD(a) dated 16 -10 -01 providing selection grade of Rs.9000 -14100 for the 25% sanctioned number of posts of Private Secretaries. This order was, however, subject to the outcome of the appeals pending before the Division Bench i.e. LPA(W) 268/2000 and LP(W) no.27/2000. Both these LPAs were dismissed on 29th November,01 by a common order. As a consequence of the dismissal of the LPA petitioners have been placed in the Selection Grade of 9000 -14100 w.e.f. following dates: - Petitioners No.1 and 2 : 22/06/96 Petitioner No.3 : 01/10/96 Petitioner No.4 : 22/04/2000 Vide Order No.14899 -900/GS dated 29 -1 -03. While the petitioners were granted benefits equivalent to their counter parts in the Secretariat through judicial intervention, the State Government issued another Government Order No.80 -GAD of 2003 dated 16 -01 -03 pursuant to Cabinet Decision No.4/1 dated 16th January, 03 whereby nine Principal Private Secretaries working in the Grade of Rs.9000 -14100 in the J&K Secretariat (Gazetted) Service -II PSS have been inducted into Kashmir Administrative Service and given higher grade of Rs.10,000 -15,200/ -. Out of these nine inductees to KAS three of the Principal Secretaries have been re -designated as Special Assistants and Deputy Secretaries respectively vide Government Order No.120 -GAD/03 dated 22nd January, 03. Petitioners are seeking similar treatment as has been granted to the Principal Private Secretaries working in the J&K Secretariat (Gazetted Service) on the doctrine of equal pay for equal work and parity.;


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