01Facts
The respondents, employees of the Government Press, sought the benefit of pay-grade upgradation under Schedule “C” of the Jammu & Kashmir Civil Services (Revised Pay) Rules, 1973 (SRO 149 of 1973).
¶ 2, 6, 10The Government had extended the benefit to Category-A skilled workers, including qualifying ITI certificate holders, but denied it to Category-B skilled workers, who could qualify through experience.
¶ 2, 6, 10The respondents challenged that denial before the Central Administrative Tribunal, which ruled in their favour.
¶ 1, 5The Union Territory and another petitioner sought to set aside the Tribunal’s order, arguing, among other things, that SRO 149 had been repealed and replaced.
¶ 1, 502Issues
i.1. Whether Category-B skilled workers under Schedule “C” of SRO 149 of 1973 were entitled to the same pay-grade upgradation benefit granted to Category-A skilled workers.
¶ 9–12ii.2. Whether the petitioners’ contention that SRO 149 of 1973 had been repealed and replaced warranted interference with the Tribunal’s order.
¶ 503Law Applied
The Court considered Schedule “C” of the Jammu & Kashmir Civil Services (Revised Pay) Rules, 1973 (SRO 149 of 1973), which places Category-A and Category-B workers within the “Skilled Workers” schedule and describes routes to qualification based on technical credentials or relevant experience.
¶ 10It also applied the principle of equal treatment under Article 14 of the Constitution of India, reasoning that employees in the same schedule and skilled-worker category should not be treated differently in the grant of the relevant benefit without justification.
¶ 7, 11–12The Court noted that the benefit granted to Category-A employees had been upheld by the High Court, the Division Bench, and the Supreme Court’s dismissal of the related SLP.
¶ 904Reasoning
The Court found that both categories were included in Schedule “C” as skilled workers and that Category-A employees had received the pay-grade upgradation benefit.
¶ 9–11Given that Category-B employees were also skilled workers within the same schedule, and that the petitioners did not refute the prior grant of the benefit to Category-A employees, the Court found no reason to deny Category-B employees equivalent treatment.
¶ 11It further relied on the prior litigation concerning Category-A employees, which had been upheld through the Supreme Court, and concluded that the Tribunal’s decision did not warrant interference.
¶ 9, 12The judgment records the petitioners’ repeal argument but does not separately analyse its legal effect.
¶ 505Holding
The Court dismissed the writ petition and left the Tribunal’s order undisturbed.
¶ 12Any subsisting interim directions were vacated, and pending miscellaneous applications were disposed of.
¶ 13–14Original Court PDF
UNION TERRITORY OF J AND K AND ANR. (ARI AND TRAININGS)vsMOHAMMAD ASHRAF BHAT AND ORS.
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