Facts
The applicants, various members of the clerical staff within the Union Territory of Jammu & Kashmir, filed these applications to challenge SRO 333 dated 02.08.2018.
Source reference: p. 9They sought to quash the SRO to the extent that it granted pay revision benefits prospectively rather than retrospectively.
Source reference: p. 9The applicants argued for retrospective application notionally from 01.01.1996 and monetarily from 19.02.2003, seeking parity with other cadres such as the Accounts and Animal/Sheep Husbandry departments.
Source reference: p. 9This claim was based on minutes of a meeting held on 15.09.2011 between a High-Powered Group of the J&K Government and employee unions regarding pay anomalies.
Source reference: p. 10During the hearing, the applicants' counsel limited the prayer to a direction for the respondents to consider the claims in light of existing judicial precedents.
Source reference: p. 10Issues
1. Whether SRO 333 dated 02.08.2018 should be granted retrospective effect from 01.01.1996 (notionally) and 19.02.2003 (monetarily) to resolve pay disparities in the clerical cadre.
Source reference: p. 92. Whether the applicants are entitled to a time-bound consideration of their claims based on prior judgments of the Tribunal.
Source reference: p. 11Law Applied
The Tribunal exercised its jurisdiction under Section 19 of the Administrative Tribunals Act, 1985.
Source reference: p. 9The legal principles established in Jammu Kashmir and Ladakh All Departments Clerical Staff Association v. State of J&K & Ors. (TA No. 861/2020), which quashed the prospective application of SRO 333.
Source reference: p. 10-11The precedent set in Shamsher Singh and Ors. v. UT of J&K and Ors. (OA No. 753/2025), which addressed similar grievances regarding pay revision and retrospective benefits.
Source reference: p. 11Reasoning
The Tribunal did not adjudicate the merits of the pay revision claim anew but focused on the procedural request for parity in treatment based on prior rulings.
Source reference: p. 11The applicants’ counsel argued that the grievances were identical to those already decided by the Tribunal in TA No. 861/2020 and OA No. 753/2025.
Source reference: p. 10-11The court observed that the applicants would be satisfied if their cases were decided in the light of these specific judgments.
Source reference: p. 10-11By directing the respondents to consider the applicants’ claims within the framework of existing precedents, the Tribunal ensured administrative consistency and judicial economy, bypassing a full re-litigation of the validity of SRO 333’s prospective nature.
Source reference: p. 11Holding
The Tribunal disposed of both Original Applications with a direction to the respondents to consider and decide the applicants' cases specifically in light of the judgments dated 04.10.2024 (TA 861/2020) and 04.06.2025 (OA 753/2025).
The court ordered that this exercise be completed within a period of eight weeks from the date of receipt of the certified copy of the order.
Source reference: p. 11No costs were awarded.
Source reference: p. 11Original Court PDF
Rita DevivsFINANCE DEPARTMENT
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