Entitlement of ITI-qualified employees to higher technical pay scales under SRO-149 of 1973 must be considered for similarly situated personnel.

The nine applicants are retired/serving ITI-qualified (Electrician) Technicians of the Power Development Department (PDD) who were appointed in 1995.

They claim entitlement to higher pay scales under SRO-149 of 1973, which governs salary structures for Matriculate ITI-trained technical employees.

While similarly situated employees received these benefits following a Division Bench judgment of the J&K High Court in Provincial Power Employees Union Vs. State (dated 08.05.2017), which was affirmed by the Supreme Court on 04.02.2026, the applicants’ representations were ignored.

The applicants approached the Tribunal seeking a direction for the respondents to implement the aforementioned judgments in their favor and release arrears.

1. Whether the respondents are legally obligated to extend the benefits of SRO-149 of 1973 to the applicants in light of the finality of the judgment in Provincial Power Employees Union Vs. State.

2. Whether the inaction of the respondents in deciding the applicants' pending representations constitutes a violation of Articles 14 and 16 of the Constitution of India.

Jammu and Kashmir Civil Services (Revised Pay) Rules, 1973 (SRO-149 of 1973), which prescribes technical pay scales for ITI-qualified personnel.

Principles of Judicial Precedent and Finality, specifically the Division Bench judgment in Provincial Power Employees Union Vs. State (2017) and the subsequent dismissal of the Special Leave Petition (SLP) by the Hon’ble Supreme Court on 04.02.2026.

Principles of Administrative Fairness under Articles 14 and 16 of the Constitution of India, requiring equal treatment for similarly situated employees regarding service benefits.

The Tribunal noted that the legal issue concerning SRO-149 had reached finality following the Supreme Court's dismissal of the government's SLP in February 2026.

The applicants asserted that they are "similarly circumstanced" to those who won the previous litigation, possessing the requisite Matriculation and ITI qualifications.

The Tribunal found that the respondents had failed to exercise their administrative duty to decide on the applicants' representations, despite the clear mandate of the High Court and Supreme Court.

Rather than adjudicating on the merits of the pay scale claim itself, the Tribunal focused on the "innocuous" prayer of the applicants to have their pending representations (the latest dated 09.02.2026) considered in a time-bound manner in light of the established legal precedents.

The respondents are ordered to treat the O.A. as a fresh representation and pass a "detailed and speaking order" regarding the extension of benefits under SRO-149, provided the applicants are similarly situated to those in the cited judgments, within eight weeks.

All connected Miscellaneous Applications (M.As) were also disposed of.