Central Administrative Tribunal - Srinagar
Mohmad Yasin Shah vs Power Development Department on 14 May, 2026
54
[1] M O.A 490/2026
CENTRAL ADMINISTRATIVE TRIBUNAL
SRINAGAR BENCH, SRINAGAR
O.A 490/2026
14TH MAY, 2026
CORAM
HON'BLE MR. M.S. LATIF, MEMBER (Judl.)
1. Mohammad Yasin Shah Aged 70 years
S/O Ab. Rahim Shah
R/O Sonwar Bagh Srinagar 190001.
2. Mohammad Shafi Attar Aged 66 years
S/O Gulam Mohammad Attar
R/O Safakadal Srinagar 190001.
3. Mohammad Ismail Sofi Aged 72 years
S/O Nabir Sofi
R/O Reshen Har Srinagar 190001.
4. Mohammad Yousuf Wani Aged 70 years
S/O Ghulam Ahmad Wani
R/O Drangbal Pampore 192121.
5. Abdul Salam Parrey Aged 65 years
S/O Wali Mohammad Parrey
R/O Baghat Barzulla (Parray Manzil) Srinagar 190005.
6. Ghulam Rasool Baba
S/O Sonaullah Baba
R/O Habak Khuski Srinagar 190006 .
7. Bashir Ahmad Bhat Aged 70 years
S/O Mohammad Sultan Bhat
R/O Buchwara 190001.
Digitally signed by TARIQ AHMAD MOTA
TARIQ DN: C=IN, O=Central Administrative Tribunal Srinagar
Bench, OU=Central Administrative Tribunal, PostalCode=
190001, L=Srinagar, S=Jammu and Kashmir, STREET=Old
Assembly Complex Jehangir Chowk Srinagar Jammu and
8. Mehraj-ud-Din Aged 68 years
Kashmir 190001, Phone=
AHMAD
1b0c69b3f405d69048d6b4303cfcf5ad7eecad427943450b0f
5fc3929eb575ac, SERIALNUMBER=
a073440a97cf8baa4d2b32e167f2d82f9d624a586bc1805aa
e3eea08382b1ec4, [email protected], CN=TARIQ
AHMAD MOTA
MOTA
Reason: I am approving this document
S/O Late Mohammad Ramzan Bhat
Location:
Date: 2026.05.22 15:31:56+05'30'
Foxit PDF Reader Version: 2025.2.1
R/O Ikharajpora Srinagar 190001.
9. Mushtaq Ahmad Sheikh
S/O Abdul Gani Sheikh
R/O Nowshara Srinagar 190011.
54
[2] M O.A 490/2026
.........Applicant/s
By advocate : Mr. Javed Hameed.
VERSUS
01. Union Territory of Jammu and Kashmir,
through, Principal Secretary to Govt.
Power Development Department,
Civil Secretariat, Srinagar/Jammu-190001/180001.
02.Managing Director,
Kashmir Power Development
Corporation Ltd. (KPDCL), Srinagar - 190001.
03. Chief Engineer, Distribution,
Kashmir Power Development Corporation Ltd,
Srinagar 190001.
....... Respondent/s
By Advocate : Mr. Rais ud din Ganai - DAG
ORDER
M.S.LATIF, M (J) oral 01/ Through the medium of this petition, the petitioners have, inter alia, sought the following reliefs :
"........Issue an appropriate order or direction commanding the respondents to decide the representation of petitioners and release the benefit of SRO-149 of 1973 in their favour by placing them in the 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 with further direction Digitally signed by TARIQ AHMAD MOTA in view of law laid down in Provincial Power Employees TARIQ Union Vs. State by Division Bench and upheld by Hon'ble DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Central Administrative Tribunal, PostalCode= 190001, L=Srinagar, S=Jammu and Kashmir, STREET=Old Assembly Complex Jehangir Chowk Srinagar Jammu and Kashmir 190001, Phone= AHMAD 1b0c69b3f405d69048d6b4303cfcf5ad7eecad427943450b0f Supreme Court on 04.02.2026. Further direction is sought 5fc3929eb575ac, SERIALNUMBER= a073440a97cf8baa4d2b32e167f2d82f9d624a586bc1805aa e3eea08382b1ec4, [email protected], CN=TARIQ AHMAD MOTA MOTA Reason: I am approving this document Location:
Date: 2026.05.22 15:31:56+05'30' to issue an appropriate order or direction commanding the Foxit PDF Reader Version: 2025.2.1 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 applicants as well. Issue an appropriate order or direction declaring the 54 [3] M O.A 490/2026 action/inaction of the respondents in denying the benefit of SRO-149 of 1973 to the applicants as illegal, arbitrary and discriminatory, being violative of Articles 14 and 16 of the Constitution of India and fix the pay of the petitioners 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. Petitioners have also sought an interim direction that pending final disposal of the present OA, the Hon'ble court may kindly be pleased to direct the respondents to consider and decide the claim of the petitioners for grant of benefit of SRO-149 of 1973 in the light of the judgment dated 08.05.2017 passed by the Hon'ble High Court in Provincial Power Employees Union Vs. State and the subsequent order dated 04.02.2026 passed by the Hon'ble Supreme Court, within a time bound period and not to deny the applicants the benefit of the technical pay scale applicable to similarly situated ITI qualified employees of the Power Development Department."
02/ What stems out of the pleadings made in this petition is that the petitioners are seeking extension of the benefit of SRO-
149 of 1973, which provides higher pay scales to Matriculate ITI trained technical employees working in different departments of the Government. It is submitted that the petitioners are Matriculates and ITI qualified (Electrician) and they were appointed as Technicians in the Power Development Department, District Cadre Srinagar in the year 1995 on the basis of their technical qualification.
TARIQ Digitally signed by TARIQ AHMAD MOTA DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Central Administrative Tribunal, PostalCode= 190001, L=Srinagar, S=Jammu and Kashmir, STREET=Old Assembly Complex Jehangir Chowk Srinagar Jammu and 03/ Learned counsel for the petitioners submits that under the Kashmir 190001, Phone= AHMAD 1b0c69b3f405d69048d6b4303cfcf5ad7eecad427943450b0f 5fc3929eb575ac, SERIALNUMBER= a073440a97cf8baa4d2b32e167f2d82f9d624a586bc1805aa e3eea08382b1ec4, [email protected], CN=TARIQ AHMAD MOTA MOTA Jammu and Kashmir Civil Services (Revised Pay) Rules, 1973, Reason: I am approving this document Location:
Date: 2026.05.22 15:31:56+05'30' Foxit PDF Reader Version: 2025.2.1 notified vide SRO-149 of 1973, the ITI qualified technical employees are entitled to a higher technical pay scale. He 54 [4] M O.A 490/2026 submits that the said benefit was extended to a large number of similarly situated employees in various departments including the Power Development Department to the exclusion of the petitioners herein. He submits that the issue regarding grant of benefit of SRO-149 of 1973 to ITI trained employees came to be considered by the Hon'ble High Court in a batch of writ petitions titled Provincial Power Employees Union Vs. State, which were decided by a Division Bench judgment dated 08.05.2017. It is further submitted that the Hon'ble Court quashed the impugned order and directed the respondents to continue the benefit in favour of employees who had already been granted the same and also to extend the benefit to those employees who had not been granted the same. The said order was challenged by the respondents before the Hon'ble Supreme Court, however the SLPs filed by the respondents were dismissed vide order dated 04.02.2026, thus affirming the judgment of the Hon'ble High Court.
05/ It is submitted by learned counsel for the petitioners that TARIQ Digitally signed by TARIQ AHMAD MOTA DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Central Administrative Tribunal, PostalCode= 190001, L=Srinagar, S=Jammu and Kashmir, STREET=Old Assembly Complex Jehangir Chowk Srinagar Jammu and despite the issue having attained finality, the respondents have Kashmir 190001, Phone= AHMAD 1b0c69b3f405d69048d6b4303cfcf5ad7eecad427943450b0f 5fc3929eb575ac, SERIALNUMBER= a073440a97cf8baa4d2b32e167f2d82f9d624a586bc1805aa e3eea08382b1ec4, [email protected], CN=TARIQ AHMAD MOTA MOTA failed to extend the benefit of SRO-149 of 1973 to the Reason: I am approving this document Location:
Date: 2026.05.22 15:31:56+05'30' Foxit PDF Reader Version: 2025.2.1 petitioners, even though they fulfill all eligibility conditions and are similarly situated to other employees who have already been 54 [5] M O.A 490/2026 granted the said benefit. To alleviate the grievance, the petitioners have submitted several representations to the respondents, the latest being representation dated 09.02.2026, requesting implementation of the judgment of the Hon'ble High Court as affirmed by the Hon'ble Supreme Court. However, the respondents have not taken any decision and are insisting upon a separate court order for each employee. The action of the respondents in denying the benefit to the applicants is arbitrary, discriminatory and violative of Articles 14 and 16 of the Constitution of India.
05/ Be that as it may, after arguing for a considerable period of time, learned counsel for the petitioners submitted that since the petitioners have already moved representations before the respondents wherein they have projected their genuine cause, as such, they will be satisfied if the respondents are directed to decide and dispose of the representations as expeditiously as possible without fail and take a decision on the said representations and also treat this petition as yet another TARIQ Digitally signed by TARIQ AHMAD MOTA DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Central Administrative Tribunal, PostalCode= 190001, L=Srinagar, S=Jammu and Kashmir, STREET=Old Assembly Complex Jehangir Chowk Srinagar Jammu and representation of the petitioners, giving due regard to the mandate Kashmir 190001, Phone= AHMAD 1b0c69b3f405d69048d6b4303cfcf5ad7eecad427943450b0f 5fc3929eb575ac, SERIALNUMBER= a073440a97cf8baa4d2b32e167f2d82f9d624a586bc1805aa e3eea08382b1ec4, [email protected], CN=TARIQ AHMAD MOTA MOTA of judgements relied upon hereinabove, which proposition is not Reason: I am approving this document Location:
Date: 2026.05.22 15:31:56+05'30' Foxit PDF Reader Version: 2025.2.1 objected to by the learned counsel for the respondents.
06/ Heard learned counsel for the parties at length and perused 54 [6] M O.A 490/2026 the averments made in this petition. At the request of learned counsel for the petitioners and in view of the innocuous and limited prayer made at the bar by him, this O.A is taken up for final disposal and without commenting upon the merits of the case, it is provided that the respondents will consider and decide the representations already filed by the petitioners before them giving due regard to the import of the judgements cited above, of course, if applicable to the case of the petitioners and if they are similarly circumstanced with the petitioners of the above cited judgements. Respondents are expected to take decision in the matter in accordance with law, entitlement of the petitioners and the rules governing the field by passing a detailed and speaking order within a period of eight weeks positively to be reckoned from the date a copy of this order as also copy of this petition is served upon them.
07/ In the aforementioned backdrop, this O.A 490/2026 shall stand disposed of along with connected M.As.
(M. S. LATIF) Digitally signed by TARIQ AHMAD MOTA Member (Judl.) TARIQ DN: C=IN, O=Central Administrative Tribunal Srinagar Bench, OU=Central Administrative Tribunal, PostalCode= TARIQ MOTA 190001, L=Srinagar, S=Jammu and Kashmir, STREET=Old Assembly Complex Jehangir Chowk Srinagar Jammu and Kashmir 190001, Phone= AHMAD 1b0c69b3f405d69048d6b4303cfcf5ad7eecad427943450b0f 5fc3929eb575ac, SERIALNUMBER= a073440a97cf8baa4d2b32e167f2d82f9d624a586bc1805aa CONSULTANT (PS) e3eea08382b1ec4, [email protected], CN=TARIQ AHMAD MOTA MOTA Reason: I am approving this document Location:
Date: 2026.05.22 15:31:56+05'30' Foxit PDF Reader Version: 2025.2.1 14-05-2026.