Central Administrative Tribunal - Srinagar
Jagdish Pal Singh vs Power Development Department on 10 April, 2026
[1] O.A. No. 312 of 2026
CENTRAL ADMINISTRATIVE TRIBUNAL
SRINAGAR BENCH, SRINAGAR
O.A. NO.: 312 OF 2026
(Srinagar, 10th day of April 2026)
CORAM
HON'BLE MR. M.S. LATIF, MEMBER (JUDL.)
............
1. Jagdish Pal Singh Aged about 63 years, S/o Gurbux Singh R/o
Uplina Baramulla -193101.
2. Ajit Singh Aged about 61 years, S/o Hernam Singh, R/o
Shutloo Baramulla -193101.
ABHISHEK
Digitally signed by ABHISHEK PUNIA
DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=
Department of Personnel And Training, Phone=
e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25
a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER=
............. Applicants.
b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756
eb, CN=ABHISHEK PUNIA
PUNIA Reason: I am the author of this document
Location:
Date: 2026.04.13 14:53:50+05'30'
Foxit PDF Reader Version: 2025.2.0
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.
........... Respondents.
By Advocate:- Mr. Rais ud din Ganaie, DAG.
ORDER
(Oral) Per Hon'ble Mr. M.S. Latif, Member (Judl.):- The applicants, two [2] O.A. No. 312 of 2026 (02) in number, have filed the instant O.A. Since the cause of action and reliefs claimed by all the applicants are identical, the M.A. for joint application under Rule 4(5)(a) of the CAT (Procedure) Rules, 1987, is allowed.
2. Through the medium of the instant O.A., the applicant seeks following reliefs:
a. Issue an appropriate order or direction commanding the respondents to decide the representation of applicants and grant and release the benefit of SRO-149 of 1973 in Digitally signed by ABHISHEK PUNIA ABHISHEK DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU= Department of Personnel And Training, Phone= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25 a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756 eb, CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2026.04.13 14:53:50+05'30' favour of the applicants, by placing them in the Foxit PDF Reader Version: 2025.2.0 appropriate technical pay scale (Rs. 5000-8000 unrevised and corresponding revised scales thereafter) from the date the same became due to them, 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 and fix their.
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 applicantss 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 applicantss as illegal, arbitrary and discriminatory, being violative of Articles 14 and 16 of [3] O.A. No. 312 of 2026 the Constitution of India.
d. Direct the respondents to fix the pay of the applicantss 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.
e. Direct the respondents to consider and dispose of the representation dated 25.02.2026 submitted by the applicants in the light of the judgment of the Hon'ble High Court and the order of the Hon'ble Supreme Court. f. Any other order or direction which this Hon'ble Court may Digitally signed by ABHISHEK PUNIA deem fit and proper in the present, circumstance and facts ABHISHEK DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU= Department of Personnel And Training, Phone= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25 a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756 of the case may also be passed in favour of the Applicantss eb, CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2026.04.13 14:53:50+05'30' Foxit PDF Reader Version: 2025.2.0 and against the respondents.
3. As stated in the O.A. and submitted by learned counsel for the applicants, Mr. Syed Sajad Geelani along with Mr. Faizan Rashid Khan, the applicants, being matriculate with ITI (Electrician), after due selection process through SSRB, as Technician-III, were appointed as in the respondent department vide Orders dated 10.06.1998 and 14.02.2001 respectively. 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.
[4] O.A. No. 312 of 2026
4. 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 applicants, being matriculate and holding ITI with National Trade Digitally signed by ABHISHEK PUNIA Certificate, fall under Category A of Schedule C. ABHISHEK DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU= Department of Personnel And Training, Phone= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25 a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756 eb, CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2026.04.13 14:53:50+05'30' Foxit PDF Reader Version: 2025.2.0
5. 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 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 [5] O.A. No. 312 of 2026 scale of technical, skilled, semi-skilled and unskilled posts, stood revised to Rs. 5000-8000.
6. Learned counsels for the applicants 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= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25 a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756 eb, CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2026.04.13 14:53:50+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 dated 29.07.1998 and 27.01.2006.
7. 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 [6] O.A. No. 312 of 2026 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= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25 a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756 eb, CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2026.04.13 14:53:50+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.
8. Learned counsels for the applicants submit that the 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 [7] O.A. No. 312 of 2026 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 applicants have been denied the same benefit. The applicants also approached the respondents for releasing and extending the benefit of SRO, however, their grievances were not redressed.
9. Learned counsels for the applicant were confronted as to where the applicants were for all these years when even the Digitally signed by ABHISHEK PUNIA benefit was not extended to them. He submits that an identical ABHISHEK DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU= Department of Personnel And Training, Phone= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25 a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756 eb, CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2026.04.13 14:53:50+05'30' Foxit PDF Reader Version: 2025.2.0 matter was pending before the Hon'ble Supreme Court of India and now the case is finally decided.
10. Learned counsels for the applicants 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 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 applicants filed a number of representations before the respondents, however, they were 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 [8] O.A. No. 312 of 2026 Civil Appeal No. 7992/2022, dismissed the appeal filed by the respondents. After the said dismissal, the applicants again approached the respondents by way of representation dated 09.02.2026, however, as stated, the benefit is only extended to those whose cases are either pending or disposed of in the Court.
11. Heard.
12. At the request of learned counsel for the applicants, the Digitally signed by ABHISHEK PUNIA O.A. is taken up for its disposal. ABHISHEK DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU= Department of Personnel And Training, Phone= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25 a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756 eb, CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2026.04.13 14:53:50+05'30' Foxit PDF Reader Version: 2025.2.0
13. 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 applicants. 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 applicants, 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 [9] O.A. No. 312 of 2026 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.
14. Accordingly, O.A. No. 312/2026 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= e5d23c236ae6dc43f6c9de959f2d4e141d6a443be8b086303b992d640e7b25 a2, PostalCode=190001, S=Jammu And Kashmir, SERIALNUMBER= b99ea18e48351b523a3b7c01b885615e147010aed92ba1bd97898ad7f8b756 Court Master eb, CN=ABHISHEK PUNIA PUNIA Reason: I am the author of this document Location:
Date: 2026.04.13 14:53:50+05'30' Foxit PDF Reader Version: 2025.2.0 10.04.2026