Facts
The three applicants, employees of the J&K Power Development Department and its subsidiary corporations (JKPDCL/JPTCL), approached the Tribunal seeking the grant of a specific pay scale of Rs. 220-430 (PR).
Source reference: p. 1-2They contended that their claim is squarely covered by several prior judicial pronouncements, including a 2012 High Court judgment and subsequent orders by the CAT.
Source reference: p. 2Procedurally, the applicants filed a Miscellaneous Application (M.A. No. 696/2026) to pursue the litigation jointly.
Source reference: p. 2At the admission stage, the applicants expressed satisfaction if the Tribunal directed the respondents to treat the Original Application (O.A.) as a formal representation and decide upon it within a fixed timeline.
Source reference: p. 2Issues
1. Whether the applicants are entitled to the pay scale of Rs. 220-430 (PR) based on parity with previous judicial precedents
Source reference: p. 2 / para. 12. Whether the O.A. can be disposed of at the admission stage with a direction to the respondents to consider the claim as a representation
Source reference: p. 3 / para. 3Law Applied
The Tribunal relied on the principle of judicial precedence and parity in service matters, specifically citing State of J&K v. Joginder Singh & Ors. (LPA No. 58/2013) and State of J&K & Ors. v. Javeed Ahmed Khan & Ors. (SLP No. 23074-75/2014), which attained finality in the Supreme Court and established the entitlement to the claimed pay scale.
Source reference: p. 2-3The Tribunal also referenced its own recent decisions in Tajinder Dutta & Ors. v. UT of J&K (O.A. No. 1651/2022) and Sudesh Kumar & Ors. v. UT of J&K (O.A. No. 527/2020) regarding the consistent application of these scales to similarly situated employees.
Source reference: p. 2-4Reasoning
The Tribunal observed that since the applicants limited their prayer to a time-bound administrative decision based on settled law, a full-length adjudication was unnecessary.
Source reference: p. 3It determined that the respondents are duty-bound to examine the applicants' cases in light of the extensive litigation history involving the Rs. 220-430 pay scale, which has already been upheld by the J&K High Court and the Supreme Court.
Source reference: p. 2-4By directing the respondents to treat the O.A. as a representation, the Tribunal applied the doctrine of administrative exhaustion, requiring the executive to first apply the settled legal principles to the specific service records of the applicants.
Source reference: p. 4Holding
The Tribunal allowed the Miscellaneous Application for joining together and disposed of the O.A. at the admission stage without examining the merits.
It directed the respondents to treat the O.A. as a representation for the grant of the pay scale Rs. 220-430 (PR) in light of the cited judgments.
Source reference: p. 4The respondents are ordered to decide the matter by passing a reasoned and speaking order within eight weeks from the receipt of the certified copy of the order.
Source reference: p. 4No costs were awarded.
Source reference: p. 4Original Court PDF
BHARAT BHUSHANvsPOWER DEVELOPMENT DEPARTMENT
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