GHULAM NABI BHAT Vs. STATE OF J & K
LAWS(J&K)-1999-9-16
HIGH COURT OF JAMMU AND KASHMIR
Decided on September 23,1999

GHULAM NABI BHAT Appellant
VERSUS
STATE OF J AND K Respondents

JUDGEMENT

- (1.) Petitioner was appointed as Plumber in the pay scale of 950-1500 (annexure-P6), after being duly selected by the Service Selection Board. The petitioner's grievance is that the post of Plumber for recruitment in advertisement notice No. 2/94 dated 30.6.1994 (annexure-P3), was shown to carry grade of 1200-2040. After applying for the post on the strength of this advertisement notice, on selection, he was given appointment only in the grade of 950-1500. He prays for his appointment in the grade of 1200-2040.
(2.) Respondents have admitted that advertised post was shown to carry pay scale of 1200-2040 and also due selection of the petitioner as Plumber. It is also admitted that the petitioner has been appointed as Plumber carrying pay scale of 900-1500. It is contended that the grade shown as 1200-2040 was due to inadvertence and clerical error. The post advertised, selection and appointment made was for the post of Plumber in Government Polytechnic for Women Bemina Srinagar and this post of Plumber carries the sanctioned grade of 900-1500 and not 1200-2040. In fact the post was sanctioned and created vide order No. 1422-Edu of 1987 dated 19.10.1987 in the pay scale of 800-1500, then revised as 900-1500.
(3.) In view of these facts in the counter and reply, it is manifest that the petitioner cannot claim the higher grade of 1200-2040 not meant for the post of Plumber in Government Polytechnic College for Women at Srinagar advertised and filled in by the above recruitment process. Inadvertence or error in showing a wrong grade may be a higher grade, does not confer any right on the incumbent to claim such higher grade which in fact does not exist. He can only get the grade to the post to which he has been selected/appointed.;


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