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Judgment
ORDER
Per Hon’ble Mr. M.S. Latif, Member (Judl.)
Through the medium of the instant T.A., the applicant seeks the following reliefs:
a. By Issuance of a Writ of Mandamus, or any other appropriate writ, order or direction, the respondents be directed to place the petitioner in the pay scale of Rs.900-1830 (Pre-revised) w.e.f. 11th of September, 1989, as has been done in the case of similarly situated employees;
b. By Issuance of a Writ of Mandamus, or any other
appropriate writ, order or direction, the respondents be directed to pay the arrears to be calculated from 11th of September, 1989, by giving the benefit of revision of pay scales in view of the directions contained in judgment dated 23rd of March, 1999 read with order dated 16th of November, 2016 passed by this Hon'ble Court in case titled Bashir Ahmad. The respondents be further directed to settle the claim of the petitioner in light of aforesaid judgment.
c. Any other writ, order or direction, though not specifically prayed, as this Hon'ble deems fit and proper in the circumstances of the case may also be issued in favour of the petitioner and against the Respondents.
The matter was initially filed before the Hon'ble High Court of J&K in the year 2019. What emerges from the pleadings made is that the petitioner has prayed for redressal of a simple and short grievance. It is stated that the petitioner along with other similarly situated employees was wrongly placed in the pay scale of Rs. 410-780 pre-revised, and they, being aggrieved of the same filed a Writ Petition before the Hon'ble High Court of J&K wherein the Hon'ble High Court directed the respondents to consider the case of the applicant. It is stated that the respondents have complied with the directions in the case of a similarly situated employee, who has been placed in the pay scale of Rs. 900-1830 and the applicant
being similarly situated, the same relief deserves to be extended in his favour as well, as the respondents cannot be allowed to discriminate between the equals.
The matter came up for consideration before the Hon'ble High Court of J&K on 29.03.2019. The order was passed, "In the meantime, let eligibility be determined by the respondents and the case of the petitioner considered accordingly during the notice period".
Perusal of the order on file reveals that the instant petition was transferred to the Jammu Bench of the Hon'ble CAT on 05.08.2020, and thereafter, on its transfer, none has appeared for the last four years, and the matter today was fixed for its dismissal. However, learned counsel for the petitioner was fortunately present in the Court. He submitted that despite notice, respondents have not filed their reply. Though notices have already been served upon the respondents, which is substantiated by the endorsement of the Hon'ble High Court dated 10.04.2019.
Heard, and perused the contents of the O.A. and the arguments of learned counsel for the parties.
The instant O.A. is disposed of by providing that the respondents shall dispose of the grievance of the petitioner in light of the order earlier passed by the Hon'ble High Court dated March 29, 2019, by passing a speaking order within a period of four weeks positively and the same shall be conveyed to the applicant.
Accordingly, T.A. No. 6719/2020 is disposed of along with all connected M.A.s, if any.