Item No.39 Regular List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) No.208/2021 c/w CCP(S) No.03/2022 FAYAZ AHMAD BHAT & ORS. …PETITIONER(S) Through: M/S Zamir Abdullah & Zahir Abdullah, Advocates. Vs. UT OF J&K & ORS. …RESPONDENT(S) Through: Ms. Rekha Wangnoo, GA. CORAM:HON’BLE MR. JUSTICE SANJAY DHAR,JUDGE ORDER(ORAL) 04.07.2025 WP(C) No.208/2021 1) The petitioners have filed the present writ petition seeking a direction upon the respondents to implement Government Order No.34-JK(DSD) of 2020 dated 12.10.2020 and to release remuneration in their favour @Rs. 12,000/- per month from the date of issuance of the aforesaid order. 2) The petitioners claim to have been engaged as Vocational Instructors on academic arrangement basis in various training institutes of Union Territory of J&K. In support of their claim, the petitioners have placed on record their engagement orders. As per the engagement 2 orders issued in favour of the petitioners in the year 2009 and 2011, their monthly honorarium has been fixed @ Rs.4000/. It has been submitted that vide Government Order No.109-Edu/Tech of 2012 dated 15.06.2012, sanction was accorded for revision of honorarium of candidates engaged as Lecturers/Vocational Instructors on academic arrangement basis. Accordingly, the honorarium of the petitioners was revised. The honorarium of Vocational Instructors holding degree qualification was revised from Rs.4000/- to Rs.6000/- whereas the honorarium of Vocational Instructors with qualification of ITI/CTI, was revised from Rs.4000/- to Rs.5500/- per month. Another Government Order bearing No.72-Edu(Tech) of 2017 dated 26.07.2017 came to be issued whereby honorarium of Vocational Instructors holding degree qualification was revised from Rs.6000/- to Rs. 7500/ per month and for those holding diploma qualification, it was revised from Rs.5500/- to Rs.7000/- per month. 3) It is being submitted that both the above said Government Orders were implemented by the respondents and the honorarium of the petitioners was released in their favour on revised rates. 3 4) On 12.10.2020, Government order No.34-JK(DSD) of 2020 came to be issued whereby sanction was accorded to the enhancement of remuneration of the candidates engaged on academic arrangement basis in ITIs and Polytechnics to Rs.15000/- for gazetted posts and Rs.12,000/- for non-gazetted posts. The petitioners claim that the remuneration at enhanced rates in terms of Government Order dated 12.10.2020 is not being paid to them. 5) It has been submitted that representations were made by the petitioners to the respondent Director on 04.12.2020 ad 21.01.2021 but no action is being taken by the respondents, hence the present writ petition. 6) The respondents have contested the writ petition by filing their reply. In their reply, it has been submitted that honorarium of faculty working under self-finance scheme is being paid as per the norms issued by Director Skill Development. It has been further submitted that Government Order dated 12.10.2020 relates to incumbents engaged on academic arrangement basis working against clear vacancies, whereas the petitioners have been temporarily engaged and their engagement is valid only for a particular session, that too against self- financed scheme. It has been further submitted that 4 honorarium of the those engaged under self-finance scheme is paid out of the fees collected from the admitted trainees, therefore, the petitioners cannot claim the benefit of Government Order dated 12.10.2020. 7) The respondents have further submitted that in the previous past, the revised wages/remuneration was being released in favour of the petitioners as the funds were available to meet out the expenses but at present the honorarium of faculty working on self-finance trades, is solely dependent on the fee received from the trainees, which is not sufficient to implement Government Order dated 12.10.2022. 8) I have heard the learned counsel for the parties and perused record of the case. 9) There is no dispute to the fact that the petitioners have been engaged as Vocational Instructors in various trades on academic arrangement basis pursuant to proper selection process. Initially, their monthly remuneration was fixed as Rs.4000/. It is also not in dispute that pursuant to Government Order dated 15.06.2012, honorarium of petitioners was revised from Rs.4000/ to Rs. 6000/5500 per month and vide Government Order dated 26.07.2017, the same was revised from Rs. 5 6000/5500 to Rs. 7500/7000 per month. It is also not in dispute that the petitioners have been engaged as Vocational Instructors on academic arrangement basis in various Polytechnic/it is. 10) So far as Government Order dated 12.10.2020, which is at the centre of controversy in the present case, is concerned, the same reads as under: Government of Jammu and Kashmir Skill Development Department Civil Secretariat, Srinagar Subject: Enhancement of remuneration of the candidates engaged on academic arrangement basis in ITIs & Polytechnics. Government Order No: 34-JK (DSD) of 2020 Dated: 12-10-2020 Sanction is accorded to enhancement or remuneration of candidates engaged on academic arrangement basis in ITIs & Polytechnics to Rs. 15000/- (Rupees fifteen thousand only) for gazetted posts and Rs. 12000/-(Rs twelve thousand only) for non-gazetted posts. This issues with concurrence of the Finance Department conveyed vide U.O.FD-VII-34(09) 2020-I dated 07-10-2020. By order of the Government of Jammu and Kashmir. Sd/- (Dr. Asgar Hassan Samoon) IAS Principal Secretary to the Government. 11) A perusal of the aforesaid Government Order clearly shows that the remuneration of candidates engaged on academic arrangement basis in ITIs and Polytechnics has been revised to Rs.15,000/- per month in the case of gazetted posts and Rs.12,000/- per month in the case of 6 non-gazetted posts. It does not make any distinction between the candidates engaged on academic arrangement basis under self-financing scheme and the candidates engaged otherwise. The sweep of Government Order dated 12.10.2020 is wide and it applies to every category of engagees on academic arrangement basis working in ITIs and Polytechnics. 12) The petitioners, admittedly, are working in ITIs and Polytechnics on academic arrangement basis, therefore, Government Order dated 12.10.2020 is clearly applicable to them. It is pertinent to mention here that the said order has been issued by the Administrative Department i.e. Skill Development Department with the previous concurrence of the Finance Department. Therefore, contention of the respondents that in absence of the sufficient funds to implement the aforesaid order it is not possible to release remuneration at enhanced rates in favour of the petitioners, is without any substance. 13) For the foregoing reasons, the writ petition is allowed and the respondents are directed to release remuneration in favour of the petitioners at the enhanced rates with effect from the date of issuance of Government Order No.34-JK(DSD) of 2020 dated 12.10.2020. The arrears of remuneration shall be paid by the respondents to the 7 petitioners within a period of six months from today and the enhanced remuneration in terms of the aforesaid Government Order shall be paid to the petitioners from the next month onwards. 14) The petition stands disposed of accordingly. CCP(S) No.03/2022: In view of the decision in the main writ petition, the order out of which the instant contempt petition has arisen, has merged with the final judgment. Therefore, nothing further survives for consideration in this contempt petition. The same is, accordingly, disposed of. (Sanjay Dhar) Judge Srinagar, 04.07.2025 “Bhat Altaf-Secy” Whether the order is reportable: Yes/No