Central Administrative Tribunal - Srinagar
Mohammad Amin Lone vs Power Development Department on 10 April, 2026
[1] O.A. No. 305 of 2026
CENTRAL ADMINISTRATIVE TRIBUNAL
SRINAGAR BENCH, SRINAGAR
O.A. NO.: 305 OF 2026
(Srinagar, 10th day of A pril 2026)
CORAM
HON'BLE MR. M.S. LATIF, MEMBER (JUDL.)
............
1. Mohammad Amin Lone Aged about 53 years S/O Gh. Rasool
Lone R/O Jalsheeri, Baramulla-193101
............. Applicant.
By Advocate:- Mr. Syed Sajad Geelani along with Mr. Faizan
Rashid Khan.
Versus
1. Union Territory of Jammu and Kashmir, through, Principal-
Secretary to Govt. Power Development Department, Civil
Secretariat, Srinagar-Jammu190001/180001.
2. Development Commissioner (Power), Power Development
Department, Jammu and Kashmir Govt. at Srinagar/Jammu-
190001/180001.
3. Chief Engineer, Electric Maintenance & RE Wing Kashmir at
Srinagar-190001.
4. Executive Engineer, Electric division Baramulla-193101.
Digitally signed by ABHISHEK PUNIA
........... Respondents.
ABHISHEK
DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Department of
Personnel And Training, Phone=
e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2,
PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER=
b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb,
CN=ABHISHEK PUNIA
PUNIA Reason: I am the author of this document
Location:
Date: 2026.04.13 14:52:16+05'30'
Foxit PDF Reader Version: 2025.2.0
By Advocate:- Mr. Rais ud din Ganaie, DAG.
ORDER
(Oral) Per Hon'ble Mr. M.S. Latif, Member (Judl.):- Through the medium of the instant O.A., the applicant seeks following reliefs: [2] O.A. No. 305 of 2026
a. Issue an appropriate order or direction commanding the respondents to decide the representation of applicant and grant and release the benefit of SRO-149 of 1973 in favour of the applicant, by placing him in the appropriate technical pay scale (Rs. 5000-8000 unrevised and corresponding revised scales thereafter) from the date the same became due to him, along with all consequential benefits in view of law laid down in Provincial Power Employees Union Vs. State by Division Bench and upheld by Hon'ble Supreme Court on 04.02.2026.
b. Issue an appropriate order or direction commanding the respondents to implement the judgment dated 08.05.2017 passed by the Hon'ble High Court in "Provincial Power Employees Union Vs. State", which has attained finality after dismissal of the SLP by the Hon'ble Supreme Court vide order dated 04.02.2026, in favour of the applicant as well.
c. Issue an appropriate order or direction declaring the action/inaction of the respondents in denying the benefit of SRO-149 of 1973 to the applicant as illegal, arbitrary and discriminatory, being violative of Articles 14 and 16 of the Constitution of India.
d. Direct the respondents to fix the pay of the applicant in the appropriate pay scale along with arrears of pay and allowances, with all consequential service benefits including re-fixation of pay, increments and pensionary benefits wherever applicable.
e. Direct the respondents to consider and dispose of the representation dated 09.02.2026 submitted by the ABHISHEK Digitally signed by ABHISHEK PUNIA DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Department of Personnel And Training, Phone= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb, CN=ABHISHEK PUNIA applicant in the light ofthe judgment of the Hon'ble High PUNIA Court and the order of the Hon'ble Supreme Court. Reason: I am the author of this document Location:
Date: 2026.04.13 14:52:16+05'30' Foxit PDF Reader Version: 2025.2.0 f. Any other order or direction which this Hon'ble Court may deem fit and proper in the present, circumstance and facts of the case may also be passed in favour of the Applicant and against the respondents.
2. As stated in the O.A. and submitted by learned counsel for the applicant, Mr. Syed Sajad Geelani along with Mr. Faizan Rashid Khan, the applicant, being a matriculate with ITI (Electrician), after [3] O.A. No. 305 of 2026 due selection process through SSRB, as Technician-III, was appointed as Cable Jointer vide Order dated 02.02.2001. They submit that in terms of Jammu & Kashmir Civil Services (Revised Pay Rules, 1973 (SRO 149), the ITI qualified matriculates were entitled to higher pay scales. The benefit was to accrue from the date of acquiring the ITI Certificate or the date of regularization, whichever is later.
3. It is stated in the O.A. that the erstwhile State Government framed the Jammu and Kashmir Civil Services (Revised Pay) Rules, 1973 (SRO 149 dated 07.04.1973) under Section 124 of the Constitution of J&K. The Schedule C of these rules contains the list of technical posts (skilled, semi skilled, unskilled), across departments, including the Power Development Department. The applicant being a matriculate and holding ITI with National Trade Digitally signed by ABHISHEK PUNIA Certificate, falls under Category A of Schedule C. ABHISHEK DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Department of Personnel And Training, Phone= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb, CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2026.04.13 14:52:16+05'30' Foxit PDF Reader Version: 2025.2.0
4. It is further stated that the State Government framed the J&K Civil Services (Revised Pay) Rules, 1982, vide SRO 91 dated 22.03.1982, whereby the pay scales of technical, skilled, semi- skilled and unskilled employees, were revised from Rs. 280-520 to Rs. 600-925. The Government later on framed the J&K Power [4] O.A. No. 305 of 2026 Development Department (Subordinate) Service Recruitment Rules, 1981, whereby only three (03) posts out of 19 trades/posts were mentioned in Category A Schedule C, which were to be filled up by promotion. It is further submitted that the pay scales of technical and skilled employees was again revised vide SRO 370 dated 17.07.1987. The same culminated in the Jammu and Kashmir Civil Services (Revised Pay) Rules, 1998, wherein the pay scale of technical, skilled, semi-skilled and unskilled posts, stood revised to Rs. 5000-8000.
5. Learned counsels for the applicant submit that the employees of the Home Department submitted a representation for grant of benefit under SRO 149 of 1973. Further, a Writ Petition bearing SWP No. 60 of 1990 was also filed by the employees of Home Department before the Hon'ble High Court of Digitally signed by ABHISHEK PUNIA J&K, and vide Order dated 18.04.1996, the employees therein ABHISHEK DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Department of Personnel And Training, Phone= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb, CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2026.04.13 14:52:16+05'30' Foxit PDF Reader Version: 2025.2.0 were held entitled to the benefit of SRO 149 of 1973. Against the same decision, the respondents filed an LPA which was dismissed vide order dated 04.12.1997. Further, the benefits under SRO 149 of 1973 were extended to employees of the Home Department as well as the Health & Medical Education Department vide Orders [5] O.A. No. 305 of 2026 dated 29.07.1998 and 27.01.2006.
6. It is contended in the O.A. that though the Government initially decided to extend the benefit of SRO 149 of 1973 to the employees of the Power Development Department vide order dated 08.11.1990. However, the same was kept in abeyance vide order dated 14.11.1990. The said action was challenged before the Hon'ble High Court of J&K in SWP No. 894/1990 and the same was allowed on 04.06.1993. Against the order, the respondents filed an LPA before the Hon'ble High Court of J&K, however, the same was dismissed on 31.01.1995. Subsequently, the respondents extended the benefit of SRO 149 of 1973 to the employees vide order dated 08.11.1990, however, the same was rescinded by an order dated 19.01.1996. The aforesaid order dated 19.01.1996 was challenged before the Hon'ble High Court of J&K. It is further submitted in the Digitally signed by ABHISHEK PUNIA O.A. that the respondent department issued an Order No. 134- ABHISHEK DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Department of Personnel And Training, Phone= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb, CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2026.04.13 14:52:16+05'30' Foxit PDF Reader Version: 2025.2.0 PDD of 2001 dated 03.04.2001, whereby it extended the benefits to matriculate employees and the persons holding ITI Diplomas and the employees with Matric with ITI training were placed in pay scale of Rs. 5000-8000.
7. Learned counsels for the applicant submit that the [6] O.A. No. 305 of 2026 respondents themselves constituted committees in the year 2009 to examine the cases of ITI qualified employees, and the said committees recommended extension of the benefit of SRO 149 of 1973, vide their report dated 27.07.2009, to all the eligible employees, including those who had not been granted the benefit earlier. It is further submitted that several similarly situated employees in the Power Development Department were granted the benefit of higher pay scale of Rs. 5000-8000 in terms of SRO 149 of 1973, and are continuing to avail the same. However, the applicant has been denied the same benefit. The applicant also approached the respondents for releasing and extending the benefit of SRO, however, his grievances were not redressed.
8. Learned counsels for the applicant were confronted as to where the applicant was for all these years when even the benefit Digitally signed by ABHISHEK PUNIA was not extended to him. He submits that an identical matter was ABHISHEK DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Department of Personnel And Training, Phone= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb, CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2026.04.13 14:52:16+05'30' Foxit PDF Reader Version: 2025.2.0 pending before the Hon'ble Supreme Court of India and now the case is finally decided.
9. Learned counsels for the applicant laid reliance upon a judgment passed by the Hon'ble High Court of J&K in the case titled as Provincial Power Employees Union v. State, whereby vide [7] O.A. No. 305 of 2026 judgment dated 08.05.2017, the respondents were directed to continue and extend the benefit of pay scale Rs. 5000-8000 to all the eligible employees. It is stated that the applicant filed a number of representation before the respondents, however, he was told to wait for the decision, as the State had filed an SLP against the said judgment dated 08.05.2017. Further, the Hon'ble Supreme Court of India vide its order dated 04.02.2026, passed in Civil Appeal No. 7992/2022, dismissed the appeal filed by the respondents. After the said dismissal, the applicant again filed a representation dated 09.02.2026, however, the same was not decided and, as stated, the benefit is only extended to those whose cases are either pending or disposed of in the Court.
10. Heard.
11. At the request of learned counsel for the applicant, the O.A. Digitally signed by ABHISHEK PUNIA is taken up for its disposal.
ABHISHEK DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Department of Personnel And Training, Phone= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb, CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2026.04.13 14:52:16+05'30' Foxit PDF Reader Version: 2025.2.0
12. The O.A. is disposed of by providing that the respondents shall treat this O.A. (with all annexures) as a representation along with the one filed on 09.02.2026, who shall consider and decide the same in accordance with law, while strictly keeping in view the merits of the case and, the eligibility and entitlements of the [8] O.A. No. 305 of 2026 applicant. The respondents shall also take note of the fact that such benefit has been accorded in favour of other similarly situated candidates and the same shall be accorded to the applicant, if he is squarely covered by the said law as stated in various judicial pronouncements mentioned above, and if there is no legal impediment. The above exercise shall be done by passing a speaking and reasoned order within a period of eight weeks from the date a certified copy of this order is served upon the respondents. Needless to mention that this Court has not expressed any opinion on the merits or otherwise of the case.
13. Accordingly, O.A. No. 307/2026 is disposed of along with all connected M.A.s, if any.
(M.S. Latif) Member (Judl.) Abhishek Punia Digitally signed by ABHISHEK PUNIA ABHISHEK DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Department of Personnel And Training, Phone= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756eb, Court Master CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2026.04.13 14:52:16+05'30' Foxit PDF Reader Version: 2025.2.0 10.04.2026