Facts
The applicants, serving or retired Work Supervisors in the Public Works (R&B) Department, claimed entitlement under SRO 149 of 1973 to the pre-revised pay scale of Rs. 5,000–8,000 rather than Rs. 4,000–6,000, with consequential benefits.
Source reference: para. 2–7They relied on judgments concerning similarly situated employees, including a Division Bench judgment dated 8 May 2017, subsequently affirmed by the Supreme Court, and an order of the Tribunal dated 28 July 2026.
Source reference: para. 2–7After submitting a representation on 10 March 2026, they sought its consideration.
Source reference: para. 2–7During the hearing, they agreed that the Original Application could be disposed of by directing the respondents to consider their claim as a representation.
Source reference: para. 2–7The Tribunal allowed their application to file jointly.
Source reference: para. 1Issues
1. Whether the respondents should be directed to treat the Original Application and supporting documents as a representation and decide the applicants’ claim for the higher pay scale and consequential benefits.
Source reference: para. 7, 102. Whether the respondents must assess whether the applicants are similarly situated and covered by the cited judgments and orders, subject to applicable rules and eligibility.
Source reference: para. 11–12Law Applied
The Tribunal did not determine any substantive entitlement under SRO 149 of 1973. It directed the respondents to consider the claim in accordance with applicable rules, regulations and law, and to assess whether the applicants were similarly situated and covered by the cited judicial decisions, subject to eligibility, entitlement and any legal impediment.
Source reference: para. 10–12The Tribunal identified the Division Bench judgment in Provincial Power Employees Union & Ors. v. State of J&K & Ors., SWP No. 809/2001, the Supreme Court’s decision in Civil Appeal No. 7992 of 2022, and its order in O.A. No. 795/2026 as materials the respondents must consider.
Source reference: para. 11Reasoning
Given the applicants’ limited prayer at the hearing and the respondents’ acceptance of disposal by appropriate directions, the Tribunal concluded that keeping the matter pending would serve no useful purpose.
Source reference: para. 7–12It therefore left the merits open and required the respondents to examine the applicants’ claim, including their asserted similarity to the employees covered by the cited decisions, under the applicable law.
Source reference: para. 7–12Holding
The Original Application was disposed of without any opinion on the merits.
The respondents were directed to treat it as a representation, consider the claim and supporting documents—including the cited judgments and orders—and issue a detailed, reasoned order within eight weeks of service of a certified copy, communicating the decision to the applicants.
Source reference: para. 10–15No order as to costs was made.
Source reference: para. 10–15Original Court PDF
HAMIDULLAH BEIGHvsPUBLIC WORK DEPARTMENT R AND B
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