Direction to Treat Original Application as Representation for Pay Scale Revision Under SRO 149 of 1973

Five applicants, employees of the Jammu and Kashmir Power Development Corporation Limited (JKPDCL) and related wings, approached the Central Administrative Tribunal (CAT), Jammu Bench.

They sought the benefit of the pay scale (Rs. 5000-8000) as per SRO 149 of 1973

The applicants requested that their Original Application (O.A.) be treated as a formal representation to the respondents in light of previous judicial precedents from the High Court of Jammu & Kashmir and the Supreme Court of India

Procedurally, the Tribunal first addressed Miscellaneous Application No. 601 of 2026, which sought permission for the applicants to join the petition together, and subsequently heard the O.A. at the admission stage

1. Whether the applicants are permitted to pursue the Original Application collectively through a single Miscellaneous Application.

2. Whether the respondents should be directed to consider the applicants' claim for the pay scale of Rs. 5000-8000 under SRO 149 of 1973 in light of established judicial precedents.

The court primarily relied on the administrative principle of "reasoned and speaking orders" for the disposal of representations by statutory authorities

Substantively, the court noted SRO 149 of 1973 dated 07.04.1973 regarding pay scales

It further relied on the legal principles established in Provincial Power Employee Union Vs. State of J&K and others (SWP No. 809 of 2001, decided on 08.05.2017) by the High Court of J&K, which was subsequently upheld by the Hon’ble Supreme Court in State of J&K vs. Provincial Power Employees Union and others (SLP Civil Appeal No. 7992/2022) vide judgment dated 04.02.2026

The Tribunal observed that the applicants’ counsel limited the prayer to a direction for the respondents to treat the O.A. as a representation for the grant of benefits previously settled by higher courts

The Tribunal reasoned that since the core issue regarding the application of SRO 149 and the specific pay scale had already been adjudicated by the High Court and the Apex Court, no useful purpose would be served by keeping the O.A. pending for a full trial

By directing the respondents to treat the application as a representation, the Tribunal applied the principle of judicial economy, ensuring that the administrative department first applies the settled law to the specific service records of the applicants before further judicial intervention is required

Regarding the O.A., the Tribunal disposed of the matter at the admission stage without entering into the merits, directing the respondents to treat the O.A. as a representation for the grant of benefits under SRO 149 of 1973

The respondents are ordered to decide the matter by passing a reasoned and speaking order in light of the judgments in Provincial Power Employee Union within eight weeks from the receipt of the certified order