Entitlement to Higher Pay Scale Under SRO-149 Extension to All Similarly Situated Technical Employees

The applicants (19 individuals) are employees or retired employees of the Power Development Department (PDD), Jammu & Kashmir. They were initially appointed as Technician-III in 1998 and later promoted to Technician-II and Technician-I

The applicants possess matriculation qualifications and ITI certificates/diplomas in the Electrician trade

They approached the Tribunal seeking the benefit of higher pay scales under SRO-149 of 1973, which they claimed had been granted to similarly situated employees following litigation in the High Court and Supreme Court

The applicants had filed a Miscellaneous Application (M.A. No. 462/2026) for permission to file a joint application

Despite making repeated representations to the department, no decision was taken by the respondents

1. Whether the applicants are entitled to the benefit of higher pay scales under SRO-149 of 1973 based on their ITI qualifications and parity with similarly situated employees

2. Whether the respondents can be directed to consider the applicants' representations in light of settled judicial precedents

SRO-149 of 1973, which provides higher pay scales to technical/skilled employees with ITI qualifications

Provincial Power Employees Union vs. State (08.05.2017), where the Hon’ble High Court directed the extension of these benefits to all similarly situated employees, a decision that attained finality after the Hon’ble Supreme Court dismissed the Special Leave Petition on 04.02.2026

Union Territory of J&K vs. Farooq Ahmad Zargar (12.03.2026), which established that benefits cannot be denied to an employee merely because they were not a party to the original litigation

Articles 14 and 16 of the Constitution of India regarding non-discrimination and equality of opportunity

The Tribunal noted the applicants' contention that they are identically situated to beneficiaries of previous litigations as they hold the same qualifications and discharge identical duties

The court observed that the legal issue concerning SRO-149 of 1973 had been conclusively settled by the High Court and affirmed by the Supreme Court

The Government had already acknowledged the finality of the issue in a February 2026 meeting but had failed to extend the benefits to the applicants

Rather than adjudicating on the merits of the entire claim at this stage, the Tribunal centered its analysis on the respondents' failure to decide on the applicants' representations, which was deemed arbitrary and violative of natural justice

By directing the respondents to treat the O.A. as a representation, the court applied the principle that the administration must first examine parity and entitlement based on existing law and precedents

The respondents are directed to consider and decide the claim in light of the judgments in Provincial Power Employees Union and Farooq Ahmad Zargar to determine if the applicants are similarly situated. The court mandated the issuance of a reasoned and speaking order within eight weeks from the receipt of the certified copy of the order

No order as to costs was made