Jammu & Kashmir High Court – Srinagar Bench
Union Territory Of J And vs Shahnawaz Ahmad on 22 July, 2025
Author: Sanjeev Kumar
Bench: Sanjeev Kumar
Serial No. 11
REGULAR LIST
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CM(8076/2024) IN LPA 348/2024
UNION TERRITORY OF J AND ...Petitioner/Appellant(s)
K AND ORS.
Through: Mr. Ilyas Nazir Laway, Advocate
Vs.
SHAHNAWAZ AHMAD ...Respondent(s)
Through: Mr. Mian Tufail, Advocate
CORAM:
HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE.
HON'BLE MR. JUSTICE SANJAY PARIHAR, JUDGE.
ORDER
22.07.2025
CM No. 8076/2024:-
There is a delay of 311 days in preferring this appeal. In
view of the concession given by the learned counsel for the
respondent, the delay is condoned.
LPA No. 348/2024:-
1. In this intra-Court appeal, the appellants have called in question
an order and judgment dated 08-12-2023 passed by the learned
Single Judge of this Court [“the writ Court”] in SWP No.
2334/2011 titled “Shahnawaz Ahmad vs. State of J&K and
Ors.” whereby the writ Court has allowed the writ petition of
respondents and directed the appellants herein to release the
grade of Rs. 5700-10100 attached to the post of Sanitary
Inspector with effect from 16-10-2002.
2. The impugned judgment is challenged on multiple grounds.
However, before we advert to the grounds urged by the learned
counsel appearing for the appellants, we deem it appropriate to
notice few facts which are germane to the disposal of this appeal.
3. On 08-07-2002, the respondent was appointed as Sanitary
Supervisor in the Notified Area Committee, Shopian, on
consolidated wages of Rs. 1500/- per month w.e.f., 01-07-2002,
subject to confirmation from the Director, Urban Local Bodies,
Srinagar. The Director, Urban Local Bodies, Srinagar vide order
No. DLB/Estt./NF/396 of 2002 dated 16-10-2002 accorded
sanction to the regularization of the services of consolidated paid
workers, and, in the same order regularized the services of the
respondent as Sanitary Inspector in the then pay scale of Rs.
4000-6000.
4. The respondent approached the writ Court by way of SWP
No. 2334/2011, seeking inter alia a direction to the appellants
herein to release the pay scale of Rs. 5700-10100, being the pay
scale attached to the post of Sanitary Inspector. It was the
grievance of the respondent that though the post of Sanitary
Inspector under the Government of Jammu and Kashmir carried
a pay scale of Rs. 5700-10100, yet the respondent was
discriminated and was placed in the lower pay scale of Rs. 4000-
6000. The higher pay scale of Sanitary Inspector was claimed by
the respondent on the analogy of some similarly situated Sanitary
Inspectors, who were granted the higher pay scale with the
intervention of this Court.
5. The respondent also pleaded that in the year 2008, the
Government framed Jammu and Kashmir Urban Local Body
Institutions (Management) Services Recruitment Rules, 2008,
[“Rules of 2008”] and, in the Schedule-II of the said rules, the post
of Sanitary Inspector was shown carrying a single pay scale of Rs.
5700-10100. It was thus pleaded by the respondent before the writ
Court that after the issuance of the Rules of 2008 vide SRO No.
417 dated 08-12-2008, the respondent was entitled to be placed
in the grade which was attached to the post of Sanitary Inspector
indicated in Schedule-II of the said rules.
6. The writ Court considered the rival contentions and having
gone through the record came to the conclusion that the
respondent was entitled to higher pay scale of Sanitary Inspector
right from the date his services were regularized. The writ Court,
accordingly, allowed the petition of the respondent in terms of the
judgment impugned in this appeal.
7. Having heard learned counsel for the parties and perused
the material on record, we are of the considered opinion that the
prayer of the respondent seeking his placement in the pay scale of
Rs. 5700-10100 attached to the post of Sanitary Inspector
indicated in the Schedule-II of the Rules of 2008 deserves to be
granted. It needs no clarification that prior to the promulgation of
statutory Rules of 2008, there were no rules in the Directorate of
Urban Local Body and the recruitments were being made at the
whims of the officers at the helm of affairs. Sometimes, the rules
of other organizations like Municipal Councils and Municipal
Committees were borrowed and sometimes no rules were followed.
It is in this era, the respondent also came to be regularized as
Sanitary Inspector in the year 2002. In the absence of any specific
pay scale prescribed for the post prior to the issuance of Rules of
2008, the appellants granted a pay scale of Rs. 4000-6000 to the
respondent. This was not resented to or objected to by the
respondent.
8. However, after the issuance of Rules of 2008, a higher pay
scale of Rs. 5700-10100 came to be prescribed for the post of
Sanitary Inspector. This prescription was statutory in nature and,
therefore, binding on the authorities. Ordinarily and without the
respondent having approached the Court, the appellants should
have given the benefit of higher pay scale to the respondent w.e.f.
coming into force of the Rules of 2008, but the same did not
happen. This made the respondent to knock the doors of this
Court.
9. Be that as it may, this fact cannot be denied that after the
issuance of Rules of 2008, there is only a single pay scale for the
post of Sanitary Inspector i.e. Rs. 5700-10100 (pre-revised) and,
respondent, who was in position on the date of coming into force
of Rules of 2008, was entitled to be placed in the aforesaid pay
scale forthwith. The respondent has, therefore, illegally and
arbitrarily denied the benefits of statutory rules.
10. During the course of arguments, the learned counsel for the
respondent also fairly conceded that the respondent would feel
satisfied if his prayer for grant of higher pay scale is considered,
with effect from the date of coming into operation of the Rules of
2008.
11. For the foregoing reasons, the appeal preferred by the
appellants is partly allowed. The respondent is held entitled to be
placed in the grade of Rs. 5700-10100 (pre-revised) with effect from
the date of coming into operation of the Rules of 2008 with all
consequential benefits. The judgment of the writ Court is modified
to the aforesaid extent.
12. Let the appellants comply with the judgment, work out and
pay the arrears and refix the salary of respondent within a period
of three months from the date a copy of this order/judgment is
served upon the appellants.
13. Disposed of.
(SANJAY PARIHAR) (SANJEEV KUMAR)
JUDGE JUDGE
SRINAGAR:
22.07.2025
Akhil Dev
Whether the order is reportable/speaking? Yes/No
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