Central Administrative Tribunal
Employment and Labour LawAdministrative and Public Law

Claims for retrospective pay scale revision must be decided in accordance with settled judicial precedents.

Rita Devi vs FINANCE DEPARTMENT

Central Administrative TribunalJUDGMENT: March 23, 20262 MIN READSOURCE JUDGMENT
Claims for retrospective pay scale revision must be decided in accordance with settled judicial precedents.. Rita Devi vs FINANCE DEPARTMENT. Central Administrative Tribunal. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

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. 9

They sought to quash the SRO to the extent that it granted pay revision benefits prospectively rather than retrospectively.

Source reference: p. 9

The 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. 9

This 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. 10

During 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. 10
02

Issues

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. 9

2. Whether the applicants are entitled to a time-bound consideration of their claims based on prior judgments of the Tribunal.

Source reference: p. 11
03

Law Applied

The Tribunal exercised its jurisdiction under Section 19 of the Administrative Tribunals Act, 1985.

Source reference: p. 9

The 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. 10-11

The 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. 11
04

Reasoning

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. 11

The 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. 10-11

The court observed that the applicants would be satisfied if their cases were decided in the light of these specific judgments.

Source reference: p. 10-11

By 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. 11
05

Holding

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. 11

No costs were awarded.

Source reference: p. 11
06

Acts & Sections Cited

1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.

Administrative Tribunals Act, 19851

Central Administrative Tribunal

Original Court PDF

Rita DevivsFINANCE DEPARTMENT

Central Administrative Tribunal · March 23, 2026

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