Direction to Treat O.A. as Representation for Grant of SRO 149 of 1973 Pay Benefits

Ten applicants, employed within the Power Development Department/JKPDCL in the Jammu and Kashmir regions, filed an Original Application (O.A.) before the Central Administrative Tribunal (CAT) seeking parity in pay scales.

Specifically, they sought the benefit of SRO 149 of 1973 to be placed in the pay scale of Rs. 5000-8000.

Along with the O.A., they filed M.A. No. 603/2026 seeking permission to pursue the litigation jointly.

At the admission stage, the applicants' counsel requested that the O.A. be treated as a formal representation to the respondents for the grant of benefits as per previously settled judicial precedents.

1. Whether the applicants are entitled to the pay scale of Rs. 5000-8000 under SRO 149 dated 07.04.1973.

2. Whether the judicial precedents set by the High Court of J&K and the Supreme Court in similar matters apply to the present applicants.

The Tribunal relied on SRO 149 of 1973 regarding pay scale revisions.

Principle of judicial precedence and finality of litigation based on the judgment of the Hon’ble High Court of Jammu & Kashmir in SWP No. 809 of 2001, Provincial Power Employee Union Vs. State of J&K and others (08.05.2017).

Hon’ble Supreme Court in SLP Civil Appeal No. 7992/2022 (SLP No. 2153/2022), State of J&K vs. Provincial Power Employees Union and others (04.02.2026), which established the eligibility of similarly situated power sector employees to the claimed pay benefits.

The Tribunal observed that the core grievance of the applicants—seeking the benefit of SRO 149 of 1973—had already been litigated and decided in favor of employees by the High Court and subsequently upheld by the Apex Court in the Provincial Power Employees Union case.

Rather than adjudicating on the merits or allowing the case to languish in prolonged litigation, the Tribunal determined that the most efficient course of action was to direct the administrative authorities to examine the applicants' claims in the context of these settled legal positions.

By directing the respondents to treat the O.A. as a representation, the Tribunal ensured that the executive would first apply the "Rule of Law" (the settled judgments and SRO) to the specific "Facts" (the service records of these 10 applicants).

It directed the respondents to treat the O.A. as a representation for the grant of benefits under SRO 149 of 1973 in light of the judgments in Provincial Power Employee Union.

The respondents are ordered to decide the matter by passing a reasoned and speaking order within six weeks from the date of receipt of the certified order.

No costs were awarded.