Ghulam Qadir War vs Union Territory Of Jammu & Kashmir & Ors.

JUSTICE RITU TAGORE, MEMBER [JUDL.]

The Learned counsel for the applicant submits that the applicant has approached this Tribunal seeking, inter alia, implementation of Order No. Est/17/DTK/444 dated 05.04.2019, whereby the applicant was promoted against the post of Chauffeur, with the further stipulation that his salary shall be drawn against the post of Chauffeur with effect from 01.03.2019. It is submitted that despite the Central Administrative Tribunal^{said order, the consequential benefit of pay fixation was} not extended to the applicant before his superannuation, resulting in consequential deprivation of the alleged arrears of salary and corresponding retiral benefits.

The case set up by the applicant, as reflected from the Original Application, is that he was initially appointed as a regular Driver in the J&K Tourism Department on 01.11.1986 and rendered more than three decades of service. It is stated that, during the course of his service, he discharged his duties at various stations, including the Tourism Office at Gulmarg, and that no complaint or disciplinary proceedings were initiated against him.

It is further stated that, against an available regular vacancy at the Directorate of Tourism, Kashmir, the applicant was placed as In-charge Chauffeur vide Order No. 110 of DTK-2019 dated 21.02.2019, issued by the Director, Tourism, Kashmir. According to the applicant, the said arrangement was initially made in his own pay and grade with charge allowance, as admissible under Central Administrative Tribunal^{rules, pending formal clearance by the Departmental} Promotion Committee.

The applicant further submits that, subsequently, vide Order No. Est/17/DTK/444 dated 05.04.2019, issued by the Joint Director, Tourism, Kashmir, he was promoted against the available post of Chauffeur. It is specifically pleaded that the said order contained a direction that the salary of the official shall be drawn against the post of Chauffeur with effect from 01.03.2019.

According to the applicant, despite the aforesaid order, the respondents did not extend the consequential benefit of the pay attached to the post of Chauffeur or refix his salary with effect from 01.03.2019. It is stated that the applicant continued to discharge the duties of the higher post until his superannuation on 19.07.2019.

The applicant also claims that similarly situated employees were extended the benefit of the revised pay and consequential pensionary benefits and that he has been subjected to discriminatory treatment. It is further Central Administrative Tribunal^{stated that, after his retirement, the applicant approached} the respondents on several occasions and submitted representations, including those dated 25.02.2025 and 28.07.2026, seeking implementation of the aforesaid order, payment of consequential arrears and refixation of his retiral benefits. According to the applicant, no effective decision has been taken on the said representations, compelling him to approach this Tribunal.

On the aforesaid basis, the applicant has, inter alia, sought a direction to the respondents to implement Order No. Est/17/DTK/444 dated 05.04.2019 and extend the benefit of the pay attached to the post of Chauffeur with effect from 01.03.2019; to calculate and release the consequential arrears of salary up to the date of his superannuation; to refix his pension and other retiral benefits accordingly; and to consider and decide his representations in accordance with law.

However, after arguing the matter for some time, learned counsel for the applicants submits that the ends of justice Central Administrative Tribunal^{would be adequately met if the present Original} Application is disposed of with a direction to the respondents to treat the present Original Application as a representation and consider the claims and assertions made therein, along with the documents annexed thereto, strictly in accordance with law within a stipulated period.

Mr. Syed Musaib, learned Deputy Advocate General, appearing pursuant to the advance notice served by learned counsel for the applicants, submits that the present Original Application may be disposed of with appropriate directions, without prejudice to the rights and contentions of the respondents.

Heard learned counsel for the parties and perused the record.

Having considered the submissions made at the Bar and the material placed on record, this Tribunal is of the considered view that, in view of the limited prayer now made by learned counsel for the applicants, no useful purpose would be served by keeping the present Original Central Administrative Tribunal^{Application pending for adjudication on merits.}

Accordingly, and without expressing any opinion on the merits of the claims raised in the Original Application, the present Original Application is disposed of with a direction to the respondents to treat the same as a representation of the applicants and to consider the claims raised therein, together with the documents annexed thereto, including the relevant orders and representations relied upon by the applicants, strictly in accordance with the applicable rules, regulations and law governing the subject matter.

Upon such consideration, the competent authority shall pass a detailed, reasoned and speaking order dealing with the claims raised by the applicants. The said exercise shall be completed within a period of eight weeks from the date of receipt of a certified copy of this order.

It is made clear that this Tribunal has not expressed any opinion on the merits of the controversy. Nothing contained in this order shall be construed as an expression Central Administrative Tribunal^{of opinion, either way, on the applicants' entitlement to} promotion-related benefits, arrears of salary, pay fixation, pensionary benefits or any other consequential relief claimed in the Original Application. All questions of fact and law are left open to be considered and decided by the competent authority in accordance with the applicable rules and law.

The respondents shall communicate the decision taken pursuant to this order to the applicants forthwith thereafter.

With the aforesaid directions, the Original Application stands disposed of.

Consequently, all connected Miscellaneous Applications, if any, shall also stand disposed of.

No order as to costs.

Registry shall consign the file to the Record Room after due compliance.