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Judgment
Ali Mohammad Magrey, J
Petitioners case is that instead of confirming them on the posts against which they stand appointed by respondent-Bank their tenure is extended on same terms and conditions having reference to probation and consolidated salary.
Perusal of the documents enclosed with the writ petition reveals that the petitioners have been initially engaged on proper selection which not only confers them right to confirmation but also to payment of the regular salary, denial whereof as stated by Mr. A.H Naik, learned senior counsel for petitioners violates their fundamental right guaranteed under Art. 14 and 16 of the Constitution of India.
Mr. A.H Naik, learned senior counsel for the petitioners has referred to Service Rules called " J&K State Cooperative Bank Service Rules of J&K State Co-operative Bank Employees Service Rules, 2012" with particular reference to Rule 15, which has reference to "Fixation of Initial Pay" i.e in case of a fresh appointee he/she will draw the actual pay not exceeding the minimum of the time scale attached to the post.
Fresh notice be issued to respondents. In the meanwhile, respondents, shall consider the confirmation of the petitioners as Assistant Cashier cum Clerk and till the time the confirmation is made they shall be paid salary of the minimum pay scale in terms of the aforesaid Rules.
List after service on 14.02.2021.