Facts
The applicants, employees or former employees of the Power Development Department, claimed entitlement to the technical pay scale of ₹5,000–8,000 under SRO 149 of 1973 and corresponding revised scales and consequential benefits, including arrears and pensionary benefits.
Source reference: para. 2–8They relied, among other materials, on the Division Bench judgment dated 8 May 2017 in Provincial Power Employees Union v. State, and on their representation dated 13 April 2026, which they said remained undecided.
Source reference: para. 2–8After argument, their counsel requested that the Original Application be disposed of with a direction to treat it as a representation and decide the claim in accordance with law.
Source reference: para. 9The respondents did not oppose disposal by appropriate directions, without prejudice to their rights and contentions.
Source reference: para. 10Issues
Whether the applicants’ claims for the technical pay scale and consequential benefits should be considered by the respondents as a representation in light of the cited judgment and other materials.
Source reference: para. 9, 12Whether the Tribunal should determine the applicants’ substantive entitlement to the claimed benefits at this stage.
Source reference: para. 11–14Law Applied
The applicants invoked SRO 149 of 1973, the Jammu and Kashmir Civil Services (Revised Pay) Rules, 1973, and subsequent revised-pay rules, as well as the Division Bench judgment dated 8 May 2017 in Provincial Power Employees Union v. State and other judicial pronouncements and Government orders.
Source reference: para. 2–6, 12The Tribunal did not determine the scope or application of those sources.
Source reference: para. 9, 11–14It applied the procedural approach that, where the applicants’ counsel seeks disposal on a limited representation-based direction, the competent authority may be directed to consider the claim under the applicable rules and law, without the Tribunal expressing an opinion on the merits.
Source reference: para. 9, 11–14Reasoning
In view of the applicants’ narrowed request and the respondents’ position, the Tribunal found no useful purpose in keeping the Original Application pending.
Source reference: para. 9–11It therefore directed consideration of the representation and supporting documents, including the cited judgments and Government orders.
Source reference: para. 12The authority must determine whether the applicants are similarly situated to employees covered by those decisions and whether they satisfy the applicable eligibility conditions; that determination remains subject to the rules and any legal impediment.
Source reference: para. 12The Tribunal expressly left all questions of fact and law open and made no finding on entitlement.
Source reference: para. 14Holding
The Original Application was disposed of without adjudication on the merits.
The respondents were directed to consider the applicants’ representation dated 13 April 2026 and their claims for the technical pay scale of ₹5,000–8,000, corresponding revised scales, and consequential benefits, and to issue a detailed, reasoned and speaking order within 12 weeks of service of a certified copy of the Tribunal’s order.
Source reference: para. 12–15No order as to costs was made.
Source reference: para. 16Original Court PDF
Mohammad shafi langoovsPOWER DEVELOPMENT DEPARTMENT
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