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Jammu, Oct 6: In Transferred Application No. 61/6893/2020 titled Smt. Sushma Kumari & ors Versus 1. State of J&K through Chief Secretary, J&K Government, Civil Secretariat, Jammu/Srinagar. 2. The Principal Secretary to Government, Finance Department, J&K Government & ors after hearing Advocate Mr. F A Natnoo for petitioners a bench of Hon’ble Mr. Sanjeev Gupta, Judicial Member Hon’ble Ms. Pragya Sahay Saksena, Administrative Member ordered as under:-
O R D E R Per:- Sanjeev Gupta, Judicial Member:-
1. The applicants had filed SWP No.2283/2013 before the Hon’ble High Court of Jammu & Kashmir, which was later transferred to this Tribunal and numbered as TA No. 6893/2020. The respondents have filed their reply/objection. After completion of the pleadings, the matter was finally heard on 06.08.2025.
2/ The applicants seek the following reliefs by way of the instant T.A. :-
i. Writ of certiorari quashing Government Order No. 160-IND of 2014 dated 18-07-2014 whereby on so called compliance of order dated 28-03-2014 passed by this Hon'ble Court in SWP No. 2283/2013, the case of the petitioners for the purpose of removal of pay anomaly has been rejected that too on facts and reasons contrary to the record.
ii. Writ in the nature of Mandamus, Commanding the respondents to remove the anomaly in the pay scale of the petitioners/stamping Assistants working in the Handloom Development Department and bring the same at par with their counter parts in Handicraft Department and to release the benefit of difference of pay scale from the date of appointment of the petitioners in the Handloom Development Department with all consequential benefits to which the petitioners are held entitled to;
iii. Writ in the nature of mandamus, declaring the action of the respondents in the matter of allowing lower pay scale to the petitioners/stamping assistants of Handloom Development Department then that of their counter parts in Handicraft Development as illegal and contrary to the provisions of J&K Handicrafts and Handloom( Subordinate) Recruitment Rules, 1979 and further to declare to proposed amendment in existing Handloom non-gazetted service recruitment Rules issued vide SRO 164 of 1993 to the extent the same has proposed the post of Stamping Assistant and a feeding channel for promotion to the post of Junior Assistant and driver to the extent of 50% along with the orderly - cum-Chowkidar, as illegal, unconstitutional, arbitrary and discriminatory.
iv. Writ of mandamus commanding the respondents to amend the J&K Handloom Development ( Subordinate ) Service Recruitment Rules, 1993 to the post of Stamping Assistant and also to provide suitable promotional channels to the stamping Assistant and at par with provisions made for the incumbent holding the post of Stamping Assistants in Handicraft Development Department.
3/ At the outset the learned counsel for the applicants submitted that during the pendency of the instant petition/TA the respondents while considering the case of the applicants vide Govt Order No. 57-IND of 2018 dated 08-02-2018 have accorded sanction for creation of 03 ( Three ) posts of Junior Assistant in the pay band of Rs. 5200-20200 + GP 1900/-) in the Handloom Development Department by corresponding reduction of 03 (Three ) posts of Stamping Assistants in the Handicrafts Development Department, held by the applicants herein in the pay band of Rs. ( 4440-7440 + GP 1300/-) and subsequent adjustment of the applicants against the posts of Junior Assistant in the aforesaid pay band.
Thus, according to Mr. Natnoo, learned counsel for the applicants, in view of the aforesaid development taken place, the most of the reliefs claimed as referred above stood granted and thus petition to that extent has been rendered infructuous, however, the only relief claimed under relief para-(ii) above to the extent of release of benefits of difference of pay scale from the date of appointment of the applicants in Handloom Department with all consequential benefits to which the applicants are entitled to has not been granted as according to the learned counsel for applicants, the aforesaid Govt Order No. 57-IND of 2018 dated 08-02-2018 has allowed adjustment of the applicants against the newly created posts without any retrospective benefit thus allowing disparity and consequent discrimination to the applicants for whole of their service carrier since the date of their appointment as Stamping Assistants in Handloom Department viz. 13/08/1990 (applicant- Sushma Kumari ) , 16/10/1997 ( applicant-Sudhi Sharma ) & 2001 (applicant- Chander Kanta ) till passing of the Govt Order No. 57-IND of 2018 dated 08-02-2018. 4/ The learned counsel for the applicants reiterated the facts of the case and grounds taken by applicants in their TA.
The facts and grounds taken by the applicants as follows:
4.1/ That the Handloom Department was infact earlier part of Jammu & Kashmir Handicraft and Handloom Department till 1980 when there has been bifurcation of the two wings viz Handloom & Handicraft with two separate directorates. Before its bifurcation the Service conditions of the various cadres of the Jammu & Kashmir Handicraft and Handloom Department were governed under the J&K Handicraft and Handloom (Subordinate) Recruitment Rules, 1979. It was under these Rules, 10 posts of Stamping Assistants in the Executive Cadre were existing in the said rule with grade of Rs. 200-320/- ( revised 5200-2040) with further requisite qualification of Matric and for the promotional channel, up to the extent of 50% as care taker in the grade of 220-430 (pre-revised).
4.2/ That at the time of bifurcation of two wings in the year 1980 amongst other sanctioned posts, three posts of Stamping Assistants carrying the pay scale as mentioned above were transferred to the Handloom Development Department.
However contrary to the aforementioned grade attached to the post of Stamping Assistant in the J&K Handicrafts and Handloom (Subordinate) Recruitment Rules, 1979( Supra), at the time of appointment of the incumbent including the applicants herein in the year 1990, 1997 & 2001 respectively in the Handloom Development Department, the post of Stamping Assistant was down graded and appointment of incumbent including the applicants was made in the grade of Rs.170-230 (pre-revised), whereas the said post of Stamping Assistant was allowed the grade of Rs. 200-320 ( pre-revised ) as prevalent in the Handicraft Department, thus a clear disparity .
The applicants further contends that though vide SRO 164 of 1993 dated 01-09-1993 separate set of cadres governing the same service conditions of handloom Department were issued namely the Jammu & Kashmir Handloom Development Department (Subordinate) Service Recruitment Rules, 1993, however the post of Stamping Assistant was left out. The department perhaps having admitted the mistake done in Recruitment Rules of 1993 in excluding the post of Stamping Assistant have proposed amendments in the said rules in the year 2004 but have again shown the post of stamping Assistant downgraded with grade of Rs. 2610-3540 instead of 3050-3910 as provided under the Recruitment Rules of other wing i.e Handicraft Wing.
Moreover the promotional channel up to the extent of 50% to the post of Junior Assistant i.e the post which is otherwise equivalent to the actual grade of the Stamping Assistant and further the extent of 50% promotion has been kept for Stamping Assistant with orderly-cum-Chowkidar.
4.3/ That the applicants faced with the aforesaid discrimination being meted out, have represented the respondents-authorities at various levels but finding no solution despite the matter being tossed here and there by authorities at various levels, as is evident and explained by the applicants under various paragraphs with reference to departmental communications on the subject the applicants have thus approached the Hon’ble High Court by way of filing SWP No. 2283/2013 which on being considered by the Hon’ble Court by virtue of the order dated 28-03-2014, the respondents no. 2 & 3 herein were directed to consider the case of the applicants and submit compliance of the same.
In compliance to the said order, matter came to be rejected by the government vide Govt Order No. 160-IND of 2014 dated 18-07-2014 which has again became the matter of challenge by way of relief Para No. (i) quoted above by amending the petition.
4.4/ That the Govt Order No.160-IND dated 18-07-2014 was withdrawn by government vide Govt Order No. 109-IND of 2016 dated 17-05-2016 and further the matter being processed at various levels, aforesaid order No. 57-IND of 2018 dated 08-02-2018 has been issued which reads as under:-
“ Sanction is hereby accorded to the creation of 03 ( Three ) posts of Junior Assistants in the pay band of Rs. 5200-20200 + GP 1900/-) in the Handloom Development Department by corresponding reduction of 03 ( Three ) posts of Stamping Assistants held by the petitioners Mrs. SushmaKumari, Sudhi Sharma and ChanderKanta in pay band of Rs. ( 4440-7440+ GP 1300/-) and subsequent adjustment of these officials against these posts of Jr. Assistant in pay band of Rs. ( 5200-20200 + GP 1900/-)”
5/ In the reply filed by Finance Department, it was stated that the Industries and Commerce department vide U.O. No. IND/Legal/138/2013/HL dated 29.09.2016 had approached the Finance Department for transferring the posts of Applicants to the Handicrafts Department.
The matter was examined in the Finance Department and vide U.O. No. A/23 (2014) 775 dated 17.11.2016, the Industries and Commerce Department was advised to explore the possibility of utilizing the services of Stamping Assistants in Handicrafts Wing of the Department and to subsequently revisit Finance Department for bringing the pay scales of Stamping Assistants in Handlooms Wing with Handicrafts Wing of the Department.
However, the Industries Department has not yet approached the Finance Department so far, after the observations of the Finance Department were conveyed to the Industries Department vide aforesaid communication. 6/ In pursuance to order dated 03.05.2024 passed by this Tribunal, the Respondent No. 4 (Director Handloom Department, Jammu) has also filed reply in which it has been stated that the case of applicants is different from Beli Ram and cannot be treated on the same analogy as Sushma Kumari- applicant No. 1 appointed as Stamping Assistant vide Order No. DHD/31 of 1990 dated 13.08.1990 in the pay scale of Rs. 630- 940 (pre-revised) and subsequently Smt. Sushma Kumari was promoted as Senior Scale Stamping Assistant, in the pay scale of Rs. 775-1025 (pre-revised) vide order No. 380 of 1997 dated 01.11.1997 and Smt. Sudhi Sharma-applicant No. 2 appointed as Stamping Assistant ide order dated 16.10.1997 in the pay scale of Rs. 750-940 (pre-revised) and Smt Chander Kanta- applicant No. 3, appointed as Orderly-cum-Chowkidar vide Order No. DHD/40 of 1988 dated 19.08.1988. Further, vide Order No. DHD/165 of 2001 dated 05.10.2001, Smt. Chander Kanta was promoted as Stamping Assistant. Whereas, in case of Beli Ram being matriculate and a retrenched employee of the erstwhile Tawi Scooter Ltd, a Public Sector Undertaking was inter-alia appointed in Handloom Development Department as Orderly-cum-Chowkidar in the pay scale of Rs. 630-940 vide Government Order No. 113-IND of 1986 dated 05.04.1989 and in the same order some of his junior counterparts being non- matriculate were appointed as Junior Assistant in the same department. Further, Sh. Beli Ram, Orderly-cum-Chowkidar was promoted as Stamping Assistant in the pay scale of 775-12- 955-EB-14-1025 w.e.f. 30.09.1991 vide Order No. DHD/58 of 1993 dated 09.07.1993.
Aggrieved by the decision of his promotion as Stamping Assistant, Shri Beli Ram represented to the erstwhile Directorate of Handloom, J&K wherein he has requested for promotion as Junior Assistant instead of Stamping Assistant. To redress the grievance of Sh. Beli Ram, the erstwhile Directorate of Handloom, J&K constituted a committee to look into the grievance of Sh. Beli Ram. The Committee submitted its report with recommendation that Sh Beli Ram, should have been promoted as Junior Assistant w.e.f. 30.09.1993.
In the year 2015, Sh. Beli Ram filed SWP No. 1303 of 2015 and Hon’ble High Court disposed of the aforesaid SWP with direction to Respondent No. 2 consider and decide the claim of the applicant as expeditiously as possible in accordance with rules and law. In compliance to Order dated 05.05.2015, it was proposed by the Director Handloom to the Administrative Department to take up the matter with the Finance Department for creation of a supernumerary post of Junior Assistant w.e.f 30.09.1991 to 29.09.2000 as to bring Sh. Beli Ram at par with officials who were thus appointed as Junior Assistant so that a long pending grievance of Sh. Beli Ram can be redressed and vide Government Order No. 42-IND of 2017 dated 02.03.2017, issued by the Finance Department, a supernumerary post of Junior Assistant was created in the pay scale of Rs. 950-1500 from 30.09.1991 to 31.12.1995 and in the pay scale of Rs. 3050-4910(PR) from 01.01.1996 to 29.09.2000 in the Handloom Development Department till 30.09.2000. This creation was on notional basis for purpose of seniority fixation of Sh. Beli Ram.
7/ At this stage, in the aforesaid context Mr. Natnoo, learned counsel for applicants during the course of arguments restricted his relief only to the extent of part of the relief as prayed for in relief para-ii quoted above i.e, for the release of benefits of difference of pay scale from the date of appointment of the applicants in the Handloom Development Department with all consequential benefits to which the applicant are held entitled to.
8/ Learned counsel for applicants further stated that the applicants admittedly having been appointed against the 03 ( Three) posts of Stamping Assistant which were part of the initial cadre of Handicraft & Handloom Department and earlier governed under the provisions of J&K ( Subordinate ) Service recruitment Rules, 1979, have been deprived of the higher grade of Rs. 200-320 ( pre-revised), attached to the said post and the applicants thus from the date of their appointment in the year 1990, 1997 & 2001 were deprived of the said higher grade.
According to Mr. Natnoo not only the applicants but some other persons who had been brought against these posts before the appointment of applicants herein in Handloom Department having agitated and were also got adjusted in Higher Posts. Mr. Natnoo further urged that it is thus this admitted position which has led to passing of Govt Order No. 57-IND of 2018 dated 08-02-2018 directing creation of 03 ( three ) posts of Junior Assistants for adjustment of applicants with corresponding reduction of 03 (three) posts of Stamping Assistants held by the applicants.
According to Mr. Natnoo the only illegality committed by the respondents is, not allowing the applicants benefit of creation of 03 (three) posts of Stamping Assistants of Junior Assistants and corresponding reduction of 03 (Three) posts of Stamping Assistant with retrospective effect i.e., from the date when applicants were appointed against the post of stamping assistant which now stood abolished/reduced.
9/ Mr. Natnoo has further submitted that the applicants have given their whole service career against the post of Stamping Assistants without any benefit of further promotion or carrier progression, which is otherwise against the settled norms and legal position that an employer is bound to provide all possible channels of carrier progression for an employee during his/her service tenure.
10/ During the course of arguments, Mr. Natnoo has also quoted instance of one Beli Ram, who too was promoted against the post of Stamping Assistant in the Handloom Department but was later on adjusted against the newly created post of Junior Assistant and the creation was allowed with retrospective effect though on notional basis for the purpose of seniority fixation in compliance of directions passed by the Hon’ble High Court in SWP No. 1303/2015 titled Beli Ram Vs. UT of J&K and others, Mr. Natnoo further submits that since the applicants have retired from their position and have been allowed to stagnate as Stamping Assistants throughout most of their service carrier, as such they are entitled to benefits from the date the applicants were appointed as Stamping Assistants in a lower grade.
11/ Learned counsel for the respondents Mr. Rajesh Thapa, Ld. AAG submitted that the applicants are not entitled to any benefit as the applicants have already been adjusted as Junior Assistants and their grievance stands settled.
12/ We have heard the learned counsels for both the parties and perused the record as well as judgments cited by the parties.
13/ It is not disputed that the applicants have been appointed as Stamping Assistants in the grade of Rs. 170-230 ( Pre-revised) i.e., less than the grade allowed to the post of Stamping Assistants in the other wing of department namely Handicraft Department where the grade was 200-320 (pre-revised). It is also not disputed that order of rejection issued by way of Government Order No. 160 of 2014 dated 18-07-2014 has been withdrawn by the government itself by virtue of Order no. 109- IND of 2016 dated 17-05-2016 and on further consideration placed and accorded by the authorities, the grievance of the applicants for the purpose of pay parity appears to have been found genuine, having all 03 ( Three ) applicants adjusted as Junior Assistants in pay band of Rs. ( 5200-20200+ 1900/-). However, though admittedly the applicants have been agitating their grievance and were deprived of their grade which was even attached to the post of Stamping Assistant in basic rules of 1979, i.e; J&K Handicraft & handloom (Subordinate) Service Recruitment rules, 1979 but were deprived throughout their service carrier, it is thus in this context important to note here that consideration accorded by virtue of Govt Order No. 57-IND of 2018 dated 08-02-2018 should have been made specifically retrospectively i.e from the date when the applicants have admittedly been appointed against a post of Stamping Assistant in a lower grade.
14/ In so far as the case of Beli Ram is concerned, Govt Order No. 42-IND of 2017 dated 02-03-2017 is indicative of the fact that the post of Junior Assistant has been created with retrospective effect but in the case of the applicants as would be evident from the Govt Order No. 57-IND of 2018 dated 08-02-2018 there is no mention of either retrospective or prospective effect, however as per the applicants no retrospective effect has been allowed to the applicants in the said government order dated 08-02-2018.
15/ For what has been observed, considered and analysed hereinabove, the TA is disposed of with directions to the respondents to allow the benefit of removal of disparity to the applicants from the date the applicants have been appointed as Stamping Assistants in the year 1990,1997 and 2001 respectively, keeping in view the consideration already accorded by virtue of Government Order No. 57-IND of 2018 dated 08- 02-2018.
16/ This exercise will be completed within six weeks from the receipt of certified copy of this order.
No cost. (Pragya Sahay Saksena) (Sanjeev Gupta) Administrative Member Judicial Member
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