STATE TIMES NEWS
JAMMU: Justice M.K Hanjura of J&K High Court Jammu Wing directed the State Government to issue SRO extending revised scale to entire cadre (Superintending Engineers) within six weeks and report compliance.
The court direction came while deciding the contempt SWP No. 123/2013 in SWP No. 1608/1992 filed by one Santokh Singh Superintending Engineer.
It is pertinent to mention here that the writ petition SWP 1608/1992 was filed by the Superintending Engineers in 1992 praying to set right pay scale of Superintending Engineer which was wrongly fixed in the SRO 75 of 1990. Superintending Engineers case attained finality on August 30, 2013 after dismissal of SLP and Review Petition filed by the Government and consequently, order No. F-239/2013 was issued sanctioning rectified pay scale of petitioner Superintending Engineers only, which was incorrect procedure as the pay scale is for the cadre and not for individual. A contempt petition 123 of 2013 was filed by Superintending Engineers. After a long legal struggle, the Division Bench of Jammu and Kashmir High Court observed that once the pay scale is revised, the benefits should be bestowed upon all cadre and not to be restricted to the petitioners before the court. “Restricting the benefits to the petitioners would not only be unfair, unjust but irrational and impracticable”, the DB had observed. The aforesaid judgment was also upheld by Apex Court by dismissing Government appeal on October 17, 2016.
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