Non-discrimination allows similarly situated employees to receive pay scale benefits granted under SRO 149 of 1973.

Eight applicants, four serving as Technician-III and four as Meter Readers in the Power Development Department (PDD) of Jammu and Kashmir, filed this Original Application seeking pay benefits under SRO 149 of 1973

The applicants claim to be technically skilled employees with matriculation qualifications, asserting they are entitled to revised pay scales and consequential benefits granted to similarly situated employees

They contended that the legal entitlement to these benefits was upheld by the High Court of J&K in SWP No. 2455/2001 and Provincial Power Employees Union of India v. State of J&K & Ors., a decision which allegedly attained finality following the dismissal of a Special Leave Petition by the Supreme Court on 04.02.2026

Despite multiple representations to the respondents, no action was taken to redress their grievances

1. Whether the applicants are entitled to the extension of benefits under SRO 149 of 1973, including revised pay scales and arrears, at par with similarly situated employees

2. Whether the respondents are legally bound to decide the pending representations of the applicants in light of settled judicial precedents

The Court considered Rule 4(5)(a) of the CAT (Procedure) Rules, 1987, regarding joint applications

The substantive claim was based on SRO 149 of 1973, which governs specific pay scales for technical employees

The court relied on the doctrine of parity and the principle of finality of judgments, citing Provincial Power Employees Union of India v. State of J&K & Ors. (2017), which held that the withdrawal of SRO 149 benefits without due process was illegal and violative of natural justice

The Tribunal noted that the applicants sought parity with other employees who had already secured favorable judgments from the High Court and the Supreme Court

Rather than adjudicating the merits of the technical qualifications or specific pay grades at this stage, the Tribunal observed that the respondents had an obligation to consider the applicants' grievances in light of the judicial pronouncements that have attained finality

The Court emphasized that if the applicants are "squarely covered" by the precedents cited and if no legal impediment exists, the benefits accorded to others must be extended to them to ensure consistency in administrative action and adherence to the principles of natural justice

The respondents are ordered to consider and decide the applicants' eligibility and entitlement to SRO 149 of 1973 benefits by passing a speaking and reasoned order. This exercise must be completed within eight weeks of receiving the certified order, specifically taking into account the judgment of the Supreme Court dated 04.02.2026. No order as to costs was made