Direction to extend SRO 149 pay scale benefits to similarly situated ITI-qualified matriculate employees.

The applicants, Jagdish Pal Singh and Ajit Singh, are matriculates holding ITI (Electrician) certificates who were appointed as Technician-III in the Power Development Department (PDD) in 1998 and 2001, respectively

They claim entitlement to a higher technical pay scale (Rs. 5000-8000 unrevised) under the Jammu & Kashmir Civil Services (Revised Pay) Rules, 1973 (SRO 149)

Although the State had previously extended these benefits to other departments and some PDD employees, the applicants were denied the same

The applicants relied on a long-standing litigation history, culminating in the judgment of the Hon'ble High Court of J&K in Provincial Power Employees Union v. State (2017), which was upheld by the Hon'ble Supreme Court on 04.02.2026 in Civil Appeal No. 7992/2022

Following this finality, the applicants submitted a representation on 09.02.2026, which remained undecided, prompting the filing of this Original Application (O.A.)

Whether the respondents are legally obligated to consider and decide the applicants' representation for the grant of pay scale benefits under SRO 149 of 1973 in light of the judgment in Provincial Power Employees Union v. State

The court primarily applied the Jammu & Kashmir Civil Services (Revised Pay) Rules, 1973 (SRO 149), which governs the entitlement of ITI-qualified matriculates to specific technical pay scales

It further relied on the doctrine of parity and judicial finality, as established in Provincial Power Employees Union v. State (08.05.2017), where the High Court directed the extension of the Rs. 5000-8000 pay scale to eligible employees

This was reinforced by the Supreme Court’s dismissal of the State’s appeal on 04.02.2026, which rendered the entitlement under SRO 149 final and binding for similarly situated employees

The Tribunal analyzed the applicants' claim primarily through the lens of parity with the successful litigants in the Provincial Power Employees Union case.

The court noted that the legal controversy regarding the applicability of SRO 149 to PDD employees reached finality after the Supreme Court's order in February 2026

The applicants argued that since they are matriculates with ITI certificates, they fall under Category A of Schedule C of the 1973 Rules

The Tribunal observed that the respondents had previously constituted committees recommending these benefits but had not extended them to the applicants

It reasoned that since the law was settled by the Apex Court, the respondents must determine if the applicants are "squarely covered" by the existing judicial pronouncements

It directed the respondents to treat the O.A. and the existing representation (dated 09.02.2026) as a fresh representation

The respondents were ordered to consider and decide the applicants' eligibility and entitlement in accordance with the law and the cited judicial precedents

The court mandated the issuance of a speaking and reasoned order within eight weeks from the date of receipt of the certified copy of the order