Excelsior Correspondent
SRINAGAR, Aug 10: The High Court has restrained the Government from salary cut or recovery of salary from the employees who were engaged under Prime Minister’s Special Package (PMSP) for Kashmiri Migrants and directed the Central Administrative Tribunal (CAT) to decide their plea on the fixed date.
The petitioner Akshay Koul along with others approached the court through their counsel Shuja-ul-Haq Tantray seeking that the effect of Government order dated 7.7.2021 shall not be given to them as they have been selected and appointed under PMSP along with other 1140 candidates and the order in question shall not be applicable on them.
The Division Bench of Chief Justice Pankaj Mithal and Justice Sanjay Dhar as an interim measure directed that no coercive steps shall be taken against the petitioners so as to reduce their salary or to effect any recovery from them on the basis of S.O 194 of 2020.
It is provided in S.O 194 that the employees J&K Special Recruitment Rules shall be entitled to the minimum of pay scale during the period of first two years and shall be entitled to annual increment, Dearness Allowance, House Rent Allowance and City Compensatory Allowance after successful completion of their two years service on consolidated salary.
The General Administration Department had issued an order on July 7, 2021 whereby it was ordered that the S. O 194 shall be applicable to all migrant employees appointed after June 17, 2020 under Prime Minister’s Special Package for Kashmiri Migrants.
Aggrieved by the Government order, 2021 they filed a plea before the CAT seeking stay of the Government order dated 7.7.2021 while declining to stay the said order observed that the nature of dispute in the plea and its impact on a large number of employees and the administration, proposed to dispose of the case at the earliest and directed the Government Advocate to file the counter affidavit within 7 days.
The refusal of granting stay to the Government order in question, the petitioner employees challenged the CAT order before the Division Bench of High Court and the Court today while granting interim relief to them also directed the CAT to decide the Original Application of the petitioners on the date already fixed i.e., 20.09.2021 and in case for any reason, it is not possible for it to decide the Original Application on the said date, at least the application for interim direction shall be considered and decided on merits.
Advocate Haq submitted that taking advantage of the pendency of the Original Application before the CAT and the fact that no interim order has been passed therein, the respondent-authorities are reducing their salary by applying S.O 194 of 2020.
“Till 20th September, 2021, no coercive steps shall be taken against the petitioners so as to reduce their salary or to effect any recovery from the petitioners on the basis of S.O 194 dated 17.06.2020”, the DB directed.
The employees are working in Transport, Finance, School Education, Health, Youth Services & Sports, Rural Development, PHE, Food Civil Supplies, Labor & Employment, PWD, Industries & Commerce and Planning department on different posts.
The DB said since the question involved before the Central Administrative Tribunal is of importance, it is better that the controversy is resolved finally rather than keeping it pending and creating confusion for time to come.
The DB has left it for the Tribunal to decide the matter in accordance with law without being influenced by the observation made by the court.
The plea of the petitioner employees is that consequent of the issuance of S.O 194, clarification was sought by the Finance Department from the Department of Disaster Management, Relief, Rehabilitation & Reconstruction and the Additional Secretary of the said department specifically clarified that the posts created for recruitment under PMSP were governed by J&K Migrants (Special Drive) Recruitment Rules and the SRO 194 is not applicable to the appointment made under PMSP.
It was also pleaded before the court that the Government order dated 7.7.2021 is bad in law as the authorities have fallen in grave error while direction for application of S.O 294 in respect of the appointments made under J&K Migrants Special Recruitment Rules as the advertisement notification issued by the SSP for filling of post under PMSP, nowhere mentions that the service conditions of the persons who would be appointed in terms of advertisement would be governed by SRO in question.
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