Hamidullah Beigh & Ors. vs Union Territory Of J&K & Ors.

JUSTICE RITU TAGORE, MEMBER [JUDL.]

Central Administrative Tribunal^{01. Before proceeding further, it is revealed from the record} that the applicants have filed M.A. No.1258/2026 seeking permission to file the present Original Application jointly. For the reasons stated therein, the said M.A. is allowed.

Learned counsel for the applicants submits that the applicants are working/retired Work Supervisors in the Public Works (Roads and Buildings) Department and possess the requisite technical qualifications. It is submitted that similarly situated Work Supervisors and other technically qualified employees in various Government departments have been extended the benefit flowing from SRO 149 of 1973 dated 07.04.1973, including placement in the pre-revised pay scale of Rs.5,000–8,000, whereas the applicants have been granted/continued in the lower pay scale of Rs.4,000– 6,000.

Learned counsel further submits that the Division Bench of the Hon'ble High Court of Jammu and Kashmir, in Provincial Power Employees Union & Ors. v. State of Central Administrative Tribunal^{J&K & Ors., SWP No.809/2001 along with connected} matters, decided on 08.05.2017, dealt with the controversy concerning the benefit of SRO 149 of 1973 and the subsequent pay revisions. It is submitted that the judgment of the Division Bench was thereafter challenged before the Hon'ble Supreme Court in Civil Appeal No.7992 of 2022, titled State of Jammu and Kashmir & Ors. v. Provincial Power Employees Union & Ors., which came to be dismissed on 04.02.2026.

It is further submitted that the applicants have relied upon departmental orders and judicial pronouncements concerning similarly situated employees and have asserted that Work Supervisors possessing the requisite technical qualifications and performing substantially similar duties have been granted the benefit of the higher technical grade/pay scale. According to learned counsel, the applicants were earlier extended the benefit of SRO 149 of 1973 in the pay scale of Rs.4,000–6,000, but they seek placement in the pay scale of Rs.5,000–8,000 on the basis Central Administrative Tribunal^{of the applicable rules, judicial pronouncements and} treatment accorded to similarly situated employees.

Learned counsel has also submitted that the applicants have already submitted a detailed representation dated 10.03.2026 before the competent authorities seeking consideration of their claim for grant of the benefit of SRO 149 of 1973 in the pay scale of Rs.5,000–8,000, instead of Rs.4,000–6,000, along with consequential monetary and service/pensionary benefits. It is contended that the said representation has not been considered or decided so far.

Accordingly, the applicants have sought directions to the respondents to consider and decide their representation dated 10.03.2026, grant them the pay scale of Rs.5,000– 8,000 in place of Rs.4,000–6,000 under SRO 149 of 1973 with all consequential monetary, service and pensionary benefits, and pass such other orders as may be deemed just and proper.

However, after arguing the matter for some time, learned Central Administrative Tribunal^{counsel for the applicants submits that the ends of justice} would be adequately served if the present Original Application is disposed of with a direction to the respondents to treat the same as a representation and consider the claims raised therein, together with the documents annexed thereto, particularly in the light of the judgment dated 08.05.2017 passed by the Division Bench of the Hon'ble High Court of Jammu and Kashmir in Provincial Power Employees Union & Ors. v. State of J&K & Ors., SWP No.809/2001 along with connected matters, as affirmed by the Hon'ble Supreme Court in Civil Appeal No.7992 of 2022 and connected matters, and also in the light of the order dated 28.07.2026 passed by this Tribunal in O.A. No.795/2026, titled Davood Ahmad Rather and Others v. Public Works Department R&B and Others, strictly in accordance with law within a stipulated period.

Mr. Syed Musaib, learned Deputy Advocate General, appearing pursuant to the advance notice served by Central Administrative Tribunal^{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.

Having considered the submissions made at the Bar and perused the material placed on record, this Tribunal is of the considered opinion that no useful purpose would be served by keeping the present Original Application pending, particularly in view of the limited prayer now made on behalf of the applicants.

Accordingly, without expressing any opinion on the merits of the case or the rival claims of the parties, the present Original Application is disposed of with a direction to the respondents to treat the Original Application as a representation and consider the claims raised therein, together with the documents annexed thereto, particularly the applicants' claim for grant/extension of the benefit of SRO 149 of 1973 dated 07.04.1973 and their placement in the pay scale of Central Administrative Tribunal^{Rs.5,000–8,000 instead of Rs.4,000–6,000, along with} consequential monetary, service and, wherever legally permissible, pensionary benefits.

While undertaking the aforesaid exercise, the respondents shall take into consideration the judgment dated 08.05.2017 passed by the Division Bench of the Hon'ble High Court of Jammu and Kashmir in Provincial Power Employees Union & Ors. v. State of J&K & Ors., SWP No.809/2001 along with connected matters, the judgment/order dated 04.02.2026 passed by the Hon'ble Supreme Court in Civil Appeal No.7992 of 2022, titled State of Jammu and Kashmir & Ors. v. Provincial Power Employees Union & Ors., as well as the order dated 28.07.2026 passed by this Tribunal in O.A. No.795/2026, titled Davood Ahmad Rather and Others v. Public Works Department R&B and Others, together with the departmental orders, judicial pronouncements and other documents relied upon by the applicants.

While considering the aforesaid claim, the respondents Central Administrative Tribunal^{shall examine whether the applicants are similarly situated} and squarely covered by the aforesaid judgments/orders and, if so, whether the benefit thereof is applicable to the applicants, strictly in accordance with the applicable rules, regulations and the law governing the field, subject to the applicants' eligibility and entitlement and there being no legal impediment thereto.

The respondents shall pass a detailed, reasoned and speaking order within a period of eight (08) weeks from the date a certified copy of this order is served upon them and communicate a copy thereof to the applicants.

With the aforesaid directions, the Original Application stands disposed of. Pending miscellaneous application(s), if any, shall also stand disposed of.

No order as to costs.

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