WAHID SABOOR vs SKILL DEVELOPMENT

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Reserved on 04.08.2026
Central Administrative Tribunal
Jammu Bench, Jammu

Hearing through video conferencing

O.A. No. 61/620/2024

nd
Pronounced on :- This the 2 day of September 2026
Hon’ble Mr. Sanjeev Gupta, Judicial Member
Hon’ble Ms. Pragya Sahay Saksena, Administrative Member

1. Wahid Saboor, Age 42+ years, S/o Gh. Mohd Malik, R/o Soti
Dudwar, Tehsil Gandoh, District Doda.
2. Suresh Kumar Sharma, Age 50+ years, S/o Inder Raj Sharma,
R/o TCP Kharian, Miran Sahib, R S Pura, Jammu.
3. Sonika Dubey, Age 45+ years, D/o Subash Chander Sharma,
R/o H. No. 33-A, Friends Lane, Talab Tillo, Jammu.
...Applicants

(Through Advocate: Mr. Shafiq Ahmed Wani)

Versus

1. Union Territory of Jammu & Kashmir through its Principal
Secretary to the Government, Skill Development Department,
Civil Secretariat, UT of J&K.
2. Director, Skill Development Department, UT of J&K.
…Respondents

(Through Advocate: Mr. Rajesh Thapa, A.A.G.)

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O R D E R
Per:- Sanjeev Gupta, Judicial Member

The facts leading to filing of this Original Application (in short
O.A.) are that in pursuance to selection process conducted by J&K
Service Selection Board (in short SSB) as per advertisement notice No.
03 of 2007 dated 05.10.2007, the applicants got selected and came to be
appointed as Librarian in ITI Sector of Technical Education Department
in the year 2009, against 09 posts of Librarian, which came to be created
vide Government Order No. 132-Edu Tech of 2005 dated 04.10.2005,
under Prime Minister’s Reconstruction Plan (PMRP).
2. It is averred in the O.A. that as per J&K Technical Education
(Subordinate) Service Recruitment Rules, 2002, in short (Rules of 2002)
the post of Librarian in ITI Sector of Technical Education department and
Polytechnic Sector, is governed under the Rules of 2002 having been
placed at Category ‘C’ on pay grade of 6500-10500 (pre revised), but
inadvertently, due to some mistake, the pay scale and the grade at the
time of creation of the said posts was shown as 5000-8000, which was
contrary to the pay grade provided in the Rules of 2002.
3. It is further averred that abovementioned mistake at the time of
creation of 09 posts of Librarian stands rectified vide SRO 742 dated
25.10.2019, same having shown at Serial No. 56 of Schedule-I appended
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to aforesaid SRO, with pay band/scales of the post of Librarian and grade
Pay L-6E (35900-113500) i.e. pre-revised grade of 6500-10500, but the
applicants are continuously made to suffer as they were not allowed the
benefit of SRO 742 due to which persons discharging similar duties in
polytechnic sector, appointed under the Rules of 2002 and those who will
now be appointed in both the wings i.e. polytechnic and ITI sectors will
get higher grades, as envisaged under rules.
4. It is the grievance of the applicants that despite submitting various
representations to the respondents, highlighting discrimination with
regard to pay parity among the equal and similar class of
persons/Librarian of the two wings i.e. Polytechnic and ITI Sector, with
similar nature of duties, however, no steps have been taken for correction
in the service record of the applicants by allowing the pay band/scale of
the post with grade pay of Rs. 6500-10500 (pre revised) from the date the
applicants were appointed as Librarian, in terms of Rules of 2002 issued
under SRO 145, in Schedule IIA.
5. That the respondent No. 1, had recently in a similarly situated case,
vide Government Order No. 42 JK (DSD) of 2023 dated 26.04.2023 has
upgraded the pay level of the Drawing Instructors of the ITI wing from
Grade Pay 4200 (pre-revised) to Grade Pay 4210 (pre-revised) as per
SRO 145 dated 10.04.2002 read with SRO 742 dated 25.10.2019.
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6. The applicants being aggrieved of the inaction on the part of the
respondents have sought the following reliefs in the O.A.:-
“A. To direct the official respondents to allow the pay band/scale
of the post with grade pay i.e. 6500-10500 (pre revised) from
the date the applicants herein have been appointed as
Librarian in terms of SRO 145 of 2002 dated 10-04-2002 in
schedule II-A, so as to remove the discrimination viz-a-viz
similar set of employees.
B. To direct the official respondents to treat the applicants at
par with their junior colleagues who were engaged/appointed
as Librarian with pay scale L-6E (35900-113500) vide order
no. 438 of 2023 dated 08-09-2023 issued by the respondent
no. 2 with all the consequential service benefits including
fixation of the seniority of the applicants to the post of
Librarian retrospectively under Rule 24 of the J&K Civil
Service (Classification, Control and Appeal) Rules, 1956 and
arrears of salary and other services benefits of higher grade
be also released in favour of applicants retrospectively from
the date it had become due to applicants.”
7. In the counter affidavit filed by the respondents, it has been stated
that applicants were selected against 9 posts of Librarian, in the pay scale
of Rs. 5000-8000 under the PMRP and as per the Rules of 2002, the post
of Librarian for both Polytechnic and ITI is placed under the common
category of Ministerial posts as Category ‘C’ in the scale of Rs. 6500-
10500 and the post of Librarian in Schedule 1(A) figures in common
category, Non Gazetted Ministerial post in Polytechnic Sector. However,
the post of Librarian was not sanctioned/created in the ITI Sector due to
which the said post was not figuring in Schedule 1A of the common
category non gazetted ministerial post. It is further stated that as per the
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SRO 742 dated 25.10.2019 issued at the time of reorganization of
erstwhile J&K State, pay scale for the post of Librarian was shown as
level 6E (35900-113500) in both Polytechnic and ITI sectors and in
pursuance of selection process for the post of Librarian in the ITI sector,
one candidate was appointed in the pay scale of Rs. 6500-10500 in ITI
Sector (Jammu Division) vide Order No 438 of 2023 dated 08.09.2023
issued by Respondent No. 2.
8. It is further stated that the case of the applicants to upgrade the pay
scale of Rs. 6500-10500 was examined by the finance department, but the
same was rejected on the ground that the applicants were appointed
under PMRP, in the specified pay scale of Rs. 5000-8000 with respect to
the nine posts of Librarian created in the year 2005 and even the
promotees are also placed in the same starting pay scale. The applicants
having accepted the terms and conditions of the advertisement notice
including the grade attached with the post have acquiesced and cannot
turn around to claim the higher grade for the post in question.
9. The applicants have filed the rejoinder basically reiterating the
facts stated in the O.A. It is submitted that the posts against which
applicants were appointed, were created on permanent establishment, in
the respondents department in ITI Sector, which were not co-terminus
with the plan and these nine posts of Librarian have also been reflected in
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SRO 742 dated 25.10.2019, which is evident from the communication of
Respondent No. 2 dated 16.12.2024. It is further stated that against nine
posts created in the year 2005, five posts were for Kashmir Division and
four posts were for Jammu Division, which were filled up in the year
2009, but subsequently, one post became vacant due to resignation of one
candidate. That out of these nine posts, three posts were again referred to
the SSB for fresh selection and in terms of order No. 438 of 2023 dated
08.09.2023 (Annexure A/7), the appointment orders have been issued in
respect of the post of Librarian with pay scale of L-6E (35900-113500)
i.e. (pre-revised) pay scale (6500-10500).
10. The learned counsel for the applicants has submitted that applicants
were appointed on the posts of Librarian in ITI Sector in different
Women ITI of Jammu Division, in the year 2009, which were created
under PMRP vide Government Order dated 04.10.2005 in the pay scale
of 5000-8000. It is further submitted that as per the Rules of 2002, the
post of Librarian both for ITI wing and the polytechnic sector was
included in Schedule II in the common category in ministerial cadre
posts, clause -I, category ‘C’ with the pay scale of Rs. 6500-10500 (pre-
revised) and subsequently, in terms of SRO 742 dated 25.10.2019, the
post of Librarian in ITI sector has been shown in the pay level L-6E
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(35900-113500) corresponding to the pre-revised pay level of Rs. 6500-
10500.
11. According, to the learned counsel for the applicants the
appointment to the post of Librarians in the year 2023 through J&K
SSRB, were made in the revised pay scale, L-6E (35900-113500), but
despite the recommendations made in their favour by the Respondent No.
2 on the basis of representations filed by the applicants from the year
2012 onwards, the anomaly existing in the pay scale of applicants has not
been settled by Respondent No. 1, which led to discrimination to the
applicants, as the nature of duties of Librarians of two wings, vis;
Polytechnic and ITI Sectors are same.
12. The learned counsel for the applicants further contended that
applicants were wrongly deprived of the pay scale of Rs. 6500-10500
(pre-revised) attached to the post of Librarian in terms of the Rules of
2002, now revised to L-6E (35900-113500), in violation of Article 14 &
16 of the Constitution of India, when the fact of matter is that the posts of
Librarian created in the year 2005 under PMRP was not co-terminus with
the plan, in support where of reliance has been placed on the
communications dated 11.07.2024 and 16.12.2024 (Annexure A/1 and
A/3 to rejoinder) and communication dated 04.12.2025 (Annexure A/I)
filed with M.A. No. 211 of 2026. On the basis of aforesaid submissions,
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the learned counsel for the applicants has submitted that pay scale of the
applicants be rectified and upgraded as per prayer made in the O.A.
13. On the other hand, learned A.A.G. appearing for the respondents
has submitted that applicants were appointed to the post of Librarian in
the year 2009 in the pay grade of Rs. 5000-8000 on creation of nine posts
of Librarian in Women Wing in ITI in Jammu province under PMRP,
under Government Order dated 04.10.2005. The applicants having
accepted the terms and conditions of the advertisement notice in
pursuance of which they were selected and joined the post of Librarians,
therefore, they are not entitled for upgradation of their pay scale to Rs.
6500-10500 (pre-revised) and higher revised pay level 6E Rs. 35900-
113500.
14. Heard and considered.
15. The primary contention revolves around whether anomaly in the
pay scale of applicants can be rectified in the light of Rules of 2002 read
with SRO 742 dated 25.10.2019. It is true that judicial intervention in the
pay scale matters is generally limited, which is only permissible when
arbitrary discrimination is evident. Indisputably, the Rules of 2002 for
recruitment to the post of Librarian in Polytechnic and ITI Wing are
common, having same qualifications with pay scale of Rs. 6500-10500
(pre-revised). Admittedly, the parity of pay scale had occurred when the
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applicants were appointed to the post of Librarian, which were created
under PMRP vide Government Order No. 132-Edu Tech of 2005 dated
04.10.2005 and at the relevant time, the Rules of 2002 shows pay scale of
6500-10500 for the post of Librarian. The applicants have sought
upgradation of the pay scales of the Librarian, as per Rules of 2002 and
also on the same analogy as given to similarly placed persons who were
appointed to the same post vide Government Order No. 438 of 2023
dated 08.09.2023.
16. The contention of the respondents is that the case of applicants for
pay anomaly was not approved by the Finance Department, after the same
was referred by the Department in the year 2013, with the proposal to
upgrade the applicants to the pay scale of Rs. 6500-10500, on the ground
that applicants have been appointed under PMRP in the specified pay
scale of Rs. 5000-8000.
17. At this juncture, it may be stated that Respondent No. 2, vide letter
dated 11.07.2024 (Annexure A/1) supra has recommended to the
Respondent No. 1 for settling the anomaly existing in the pay scale of the
applicants, so that they can be equally treated with their junior
colleague(s) who were appointed as Librarian on 08.09.2023 in the pay
scale of L-6E (35900-113500). The clarifications sought by the
respondent No. 1 were replied vide communication dated 16.12.2024
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(Annexure A/3) supra by Respondent No. 2 stating therein that nine posts
of Librarian in ITI Sector created under PMRP-1 were on the permanent
establishment of Directorate of Skill Development (ITI Sector) and the
said posts, were not co-terminus with the plan as aforesaid nine posts of
Librarian have also been reflected in SRO 742 dated 25.10.2019.
18. It is further stated that as per the existing Jammu & Kashmir
Technical Education (Subordinate) Service Recruitment Rules, 2002
notified vide SRO 145 dated 10.04.2002, Schedule II-A, the post of
Librarian in respect of both ITI Wing and Polytechnic Sector has been
shown in the Common Category ‘C’ in the Pay Scale 6500-10500 and
subsequently, vide SRO-742 dated 25.10.2019, these 09 posts of
Librarian in ITI Sector created under PMRP have also been mentioned in
the Pay Level L-6E (35900-113500) i.e. Pay Scale of 6500-10500 (pre-
revised). Yet, another communication dated 04.12.2025 (Annexure A/1 in
M.A. No. 211 of 2026) supra of Respondent No. 2 addressed to the
Respondent No. 1 is also relevant and supports the cause of the
applicants.
19. In other words, on the basis of aforesaid communications, it
becomes crystal clear that right from their initial appointment in the year
2009, there was anomaly in the pay scale of the applicants, as the post of
Librarian in ITI Wing and Polytechnic Sector has been shown in the
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common category ‘C’ in the pay scale of Rs. 6500-10500 in terms of
Rules of 2002 and subsequently in the year 2019 post of Librarian in ITI
sector was upgraded by SRO 742 dated 25.10.2019 to the pay level L-6E
(35900-113500). It has been also clarified by the Respondent No. 2 that
the post of Librarian in ITI Sector created under PMRP were on the
permanent establishment of Directorate which were not co-terminus with
the plan, besides it is also the stand of the respondent No. 2 that
applicants can be equally treated with their junior colleague(s) who were
appointed as Librarians on 08.09.2023 in the pay scale of L-6E (35900-
113500) in order to settle anomaly in their pay scale.
20. In the case of Union of India Vs. Dineshan K.K. (2008) 1 SCC
586 , it was held by the Hon’ble Apex Court that though the equation of
posts and equation of pay structure being complex matters are generally
left to the executive and expert bodies like the Pay Commission etc. and
the carefully evolved pay structure ought not to be ordinarily disturbed by
the Court as it may upset the balance and cause avoidable ripples in other
cadres as well, nevertheless, it will not be correct to lay down as an
absolute rule that merely because determination and granting of pay
scales is the prerogative of the executive, the Court has no jurisdiction to
examine any pay structure and an aggrieved employee cannot be left with
no remedy if he is unjustly treated by arbitrary State action or inaction,
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except to go knocking at the doors of the executive or the legislature. It is
further held that undoubtedly, when there is no disputes with regard to the
qualifications, duties and responsibilities of the persons holding identical
post or ranks but they are treated differently merely because they belong
to different departments or the basis for classification of post is ex facie
irrational, arbitrary or unjust, it is open to the Court to intervene.
21. The Hon’ble High Court of Jammu & Kashmir and Ladakh in a
recent judgement in the case of Union Territory of J&K and others Vs.
Sandeep Kumar Sharma , delivered on 12.08.2026 in Writ Petition No.
2456 of 2026 has dealt with a similar controversy where higher scale was
extended by the Government to a number of draftsmen pursuant to
judicial proceedings and Government Orders, but was denied to the
respondent therein, who was appointed in the lower scale as Draftsman,
when similarly situated Draftsman had subsequently been granted the
higher pre-revised scale.
22. It was held that an employee’s appointment and joining on an
initial pay scale would not, by itself, amount to his accepting the
appointment of that scale and defeat his claim of pre-revised pay scale
extended to his similarly circumstanced counterparts. The Hon’ble High
Court has upheld the order of this Tribunal whereby, it was directed to
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extend the scale which had already been granted to similarly situated
Draftsman.
23. Therefore, in view of the legal position summarized above, it is
clear that though the Courts would not undertake the exercise of
determining the pay scale keeping in view the nature of work by
comparing employees who are not similarly placed in cases where the
exercise of determining such complex issue would arise, at the same time,
relief cannot be denied to the employees when the entitlement is denied
due to irrational consideration without application of mind, to the facts
involved in the case, by the employer, thereby denying the benefits to the
employees, when similarly situated employees were extended the benefit
of higher payscale.
24. It is evident from the above discussion that the applicants have
been unfairly discriminated in violation of Article 14 & 16 of
Constitution of India and the anomaly existing in their pay scales needs
rectification, by upgradation.
25. In view of the discussions made above and in the facts and
circumstances of the case, it is held that the applicants would be entitled
to the benefit of SRO 742 dated 25.10.2019, whereby the post of
Librarian in ITI Sector has been shown in the level of L-6E (35900-
113500) which corresponds to the pre-revised pay scale of Rs. 6500-
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10500 provided in the Rules of 2002, at par with the persons who were
appointed as Librarian in the pay scale of L-6E (35900-113500) vide
order No. 438 of 2023 dated 08.09.2023. However, the pre-revised pay
scale of Rs. 6500-10500, as per Rules of 2002, cannot be granted to the
applicants from the date of their appointment on the ground that they did
not approach the competent court for redressal of their grievance
regarding pay anomaly, before filing the O.A. in hand
26. Accordingly, this Original Application is partly allowed and stands
disposed of with the following directions:-
a. The respondents are directed to extend the benefit of SRO 742
dated 25.10.2019 to the applicants by granting them the pay
scale in the level of L-6E (35900-113500) pre-revised Rs. 6500-
10500, as had been given to similarly placed persons, who were
appointed to the post of Librarians in ITI sector vide order dated
08.09.2023.
b. The respondents are further directed to rectify the pay scale of
applicants by upgrading their pay in the pay scale of level L-6E
(35900-113500) and grant all consequential benefits flowing
therefrom, w.e.f. 08.09.2023, when similarly circumstanced
persons came to be appointed as Librarians.
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27. The aforesaid exercise shall be completed within a period of three
months from the date of receipt of a certified copy of this order. In case,
the monetary benefits are not released within the aforesaid period, the
arrears shall carry interest @ 6% p.a. from the date they become due till
their actual payment.
28. The O.A. stands allowed in the aforesaid terms.
29. No orders as to costs.

(Pragya Sahay Saksena) (Sanjeev Gupta)
Administrative Member Judicial Member

Arun…
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