BHUSHAN LAL SHER v. UT OF J AND K TH COMMISSIONER SECRETARY INDUSTRIES AND COMMERCE DEPARTMENT AND OTHERS
WP(C)/230/2025 · 2025-08-19
Vinod Chatterji Koul
body2025
DailyLaw.ai
[ 2025 DAILYLAW 1935 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 1935 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Sr. No. 16
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
WP (C) No. 230/2025
Bhushan Lal Sher
…. Petitioner/Appellant(s)
Through:- Mr. Mazher Ali, Advocate Mr. Anuj Dewan Raina, Advocate
V/s
UT of J&K and others
…..Respondent(s)
Through:- Mrs. Monika Kohli, Sr. AAG Mr. Dewakar Sharma, Dy. AG
CORAM: HON’BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE
ORDER
19.08.2025
1. The petitioner claims to have been appointed as an employee of the Industrial Units run by the Industries and Commerce Department prior to 03.10.1963 and was transferred to Jammu and Kashmir Industrial Ltd (JKI) after its establishment. His grievance is that he has not been provided the benefits of higher pay scale, particularly in the Pay Band- 4, in terms of SRO-93 dated 15.04.2009, read with SRO-193 dated 24.04.2018, which subsequently revised the pay scale to Rs. 37400- 67000 with grade pay of Rs. 8700/-, in view of the Government Order No. 35-IND of 2018 dated 25.01.2018. Despite being entitled to the benefits of the higher pay scale, respondents have not released the same in his favour. The petitioner has since retired upon attaining the age of superannuation.
2. Learned counsel for the petitioner submits that the writ petition refers to orders passed by the Hon’ble High Court as well as the Hon’ble
__________
Supreme Court in support of his contentions, details whereof, have been given in the writ petition.
3. Learned counsel for the respondents submits that the claim of the petitioner shall be considered strictly in accordance with the provisions of law, applicable rules and Government orders.
4. Learned counsel for the petitioner submits that the writ petition may be treated as a representation for redressal of his grievance and may be decided on its merits within a period of two months, and if found entitled, the benefits may be accordingly released.
5. Therefore, for the reasons stated above, this petition with the consent of learned counsel for the parties stands disposed of with a direction to the respondents to consider the writ petition as a representation of the petitioner and to consider and decide his claim strictly in accordance with law, rules and applicable Government orders. While doing so, the respondents shall also take into account the cases of other similarly situated employees in whose favour such like claims have been considered. The respondents shall complete this exercise within a period of two months from the date a copy of this order is made available to the respondents by the petitioner.
6. Accordingly, petition shall stands disposed of.
(Vinod Chatterji Koul)
Judge
Jammu: 19.08.2025 Shafqat