Respondents directed to consider SRO-149 pay-scale claims and extend parity benefits upon establishing eligibility.

The applicants, employed as an Electrician and a Plumber respectively in institutions/offices under the Higher Education Department, Jammu & Kashmir, were appointed pursuant to Government Order No. 330-HE of 2015 dated 23 November 2015.

They claimed entitlement to the special pay scale of Rs. 340–700 under Schedule C to the Jammu and Kashmir Civil Services (Revised Pay) Rules, 1973, notified through SRO-149 of 1973, on the ground that they were matriculates possessing ITI certificates in their respective trades.

The applicants relied on earlier departmental orders extending the same benefit to similarly situated Mistries, Plumbers and Electricians pursuant to judgments of the Jammu & Kashmir High Court.

They further relied on the Supreme Court’s judgment dated 4 February 2026 dismissing the Special Leave Petitions challenging those High Court judgments, and Government Order No. 44-JK(HE) of 2026 dated 10 February 2026, by which the benefit was granted to four similarly situated employees.

During the hearing, however, the applicants confined their prayer to disposal of the Original Application as a representation and consideration of their claims in light of SRO-149 of 1973, the Supreme Court judgment and Government Order No. 44-JK(HE) of 2026.

1. Whether the applicants’ claim for the special pay scale of Rs. 340–700 under SRO-149 of 1973 should be considered by the respondents in light of the Supreme Court judgment dated 4 February 2026 and Government Order No. 44-JK(HE) of 2026?

2. Whether the applicants are similarly situated to and identically placed with employees who had already been granted the benefit, so as to require extension of the same benefit subject to eligibility and applicable law?

3. Whether the Original Application could be disposed of by directing the respondents to treat it as a representation and pass a reasoned order within a prescribed period, without the Tribunal adjudicating the merits?

The Tribunal applied SRO-149 of 1973 and Schedule C to the Jammu and Kashmir Civil Services (Revised Pay) Rules, 1973, which prescribe the relevant pay scales for skilled workers, including the scale of Rs. 340–700 for eligible direct recruits possessing ITI qualifications where matriculation is the entry qualification.

It also considered the principles of equality and non-discrimination under Articles 14 and 16 of the Constitution, relied upon by the applicants in claiming parity with similarly situated employees.

The Tribunal further took into account the Supreme Court judgment dated 4 February 2026 concerning the grant of benefits under SRO-149 of 1973 and Government Order No. 44-JK(HE) of 2026 issued in consequence thereof.

The governing procedural principle was that, where the applicant limits the relief sought to consideration of a representation, the Tribunal may direct the competent authority to examine the claim, apply the relevant law, and pass a detailed, reasoned and speaking order without expressing an opinion on the merits.

The applicants asserted that their appointments, qualifications and trades placed them on the same footing as employees who had already received the Rs. 340–700 scale.

The Tribunal did not itself determine whether the applicants satisfied all requirements under SRO-149 of 1973 or whether the earlier orders applied identically to them.

Instead, in view of the applicants’ limited prayer and the respondents’ non-objection to appropriate directions, it found that no useful purpose would be served by keeping the Original Application pending.

The respondents were therefore required to examine the applicants’ eligibility, their similarity with the employees who had received the benefit, the effect of the Supreme Court judgment and Government Order No. 44-JK(HE) of 2026, and any applicable legal impediment before reaching a decision.

The Tribunal expressly preserved all questions of fact and law for determination by the competent authority.

The respondents were directed to treat it as a representation, consider the applicants’ claims and supporting documents particularly in light of SRO-149 of 1973, the Supreme Court judgment dated 4 February 2026 and Government Order No. 44-JK(HE) of 2026, and determine whether the applicants were similarly situated to the employees already granted the benefit.

If eligible and entitled, and subject to there being no legal impediment, the respondents were directed to extend the benefit in accordance with law.

A detailed, reasoned and speaking order was to be passed within six weeks from service of a certified copy of the order and communicated to the applicants forthwith.

No order as to costs was made.