Romesh chander vs PUBLIC WORK DEPARTMENT R AND B on 15 October 2026

ORDER

(Oral)

Per Hon’ble Mr. M.S. Latif, Member (Judl.)

The applicants, 04 (four) 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 the following reliefs:

a. Allow the application and the respondents be directed to consider the case of the applicants for pay-fixation in terms of the provisions of J&K Civil Services Regulations, particularly Articles 259-A, 260-A and 260-C.

b. Allow the application and the grievance of the applicants be considered for pay-fixation as already represented by the applicants before the respondents / non-applicants.

c. Allow the application and a direction upon the respondents be passed for determination of the applicants

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pay fixation and direct the respondents to re-fix the pay from the legally administrative date and grant all consequential benefits including arrears and consequential increments in favour of the applicants, as scrutinizing the applicants Army Service Record, last pay drawn, pensionary particulars and Date of Civil Reemployment and the Applicable Government Rules / Instructions.

d. Allow the application and the respondents be directed to ensure redressal of the genuine grievances of the applicants within a stipulated period more preferably within two weeks.

e. Any other relief which this Hon'ble Tribunal deems fit and proper in the attending circumstances of the case may also be passed in favour of the applicants.

3. What emerges from the pleadings made in the O.A. is that the applicants are re-employed ex-servicemen who were appointed as Class-IV/Multi-Tasking Staff (MTS) employees in the respondent department in the year 2021. As stated, they are presently posted in the office of respondent no. 5 and have been discharging their duties to the satisfaction of their superiors. Being

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aggrieved by the non-fixation of their pay in accordance with the applicable provisions of the Jammu and Kashmir Civil Service Regulations (J&K CSRs), the applicants submitted a representation dated 30.10.2025 seeking appropriate pay-fixation.

4. It is stated that respondent no. 3, vide communication dated 29.10.2025, forwarded the applicants' grievance to the higher authorities, requesting necessary action regarding fixation of their pay under the J&K CSRs. Thereafter, respondent no. 5 communicated to the higher authorities that the applicants' cases required verification at the Directorate level and that their grievances be redressed in accordance with the applicable Government orders, Service Rules and Financial Regulations. The applicants rely upon communications dated 14.02.2026, 25.02.2026, 23.07.2026 and 08.08.2026 in support of their contention that their cases were examined and forwarded for necessary action, but no final decision has been taken.

5. Learned counsel for the applicants submits that respondent no. 3, vide communication dated 27.07.2026, forwarded the relevant communication, service bio-data and pay-fixation

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statements in respect of the applicants, who are working as Class- IV employees in the R&B Division, Karan Nagar, Srinagar, to respondent no. 5 for verification and confirmation. It was stated therein that, as no Assistant Accounts Officer and Accounts Assistant Personnel was posted in the Divisional Office, the matter required verification at the office of respondent no. 5. The applicants also rely upon communication dated 09.07.2026 issued by respondent no. 2 to respondent no. 4, directing examination and disposal of their representation in accordance with the relevant provisions of the J&K CSRs and requiring the action taken to be communicated within two weeks.

6. It is contended that the entitlement to pay fixation, of the applicants, is governed by Articles 259-A, 260-A and 260-C of the J&K CSRs, which prescribe the manner of fixing the pay of pensioners and ex-servicemen re-employed in Government service and regulate the treatment of military pension for such purposes. The relevant portion of said Articles is reproduced in the O.A.

7. Learned counsel for the applicants submits that having retired from the Indian Army and thereafter been appointed as

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Class-IV/MTS employees in the respondent department, their pay is required to be determined in accordance with the applicable provisions of the J&K CSRs and not left to administrative discretion.

8. The applicants also placed reliance upon Government Order No. 531-GAD of 2013 dated 28.03.2013, concerning the re- employment of retired officers, which, according to them, provides for fixation of pay in terms of Article 259-A of the J&K CSRs. They contend that the applicable statutory provisions and Government instructions prescribe the manner of fixation of pay on reemployment and specifically regulated the treatment of pension of ex-servicemen for the purpose of such fixation.

9. As stated, despite repeated communications between the concerned authorities and the forwarding of their cases for verification and consideration, their pay-fixation grievance remains unresolved. They submit that no final or reasoned order determining their entitlement has been communicated to them and that the continued delay has resulted in recurring financial loss, as the fixation of initial pay has a bearing on subsequent increments, pay progression and other consequential service

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benefits.

10. The grievance of the applicants is that despite being re- employed ex-servicemen appointed as Class-IV/MTS employees in the respondent department, their pay has not been fixed in accordance with the applicable provisions of the J&K CSRs and the Government instructions governing re-employed ex-servicemen. The applicants state that, despite the lapse of considerable time and repeated inter-departmental communications, their grievance remains pending, causing continuing financial hardship to them and their respective families.

11. Heard.

12. At the request of learned counsel for the applicants, the O.A. is taken up for its disposal.

13. The O.A. is disposed of by providing that the respondents shall treat this O.A. as a representation, and shall consider and decide the case of the applicants as regards their pay-fixation, in accordance with law and the rules governing the field. While deciding the case of the applicants, the respondents shall take note of the provisions of the J&K CSRs, particularly Articles 259-A, 260-A

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and 260-C as also the Government Order No. 531-GAD of 2013 dated 28.03.2013, and pass appropriate orders with due dispatch preferably within a period of 08 (eight) weeks from 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, and the respondents shall decide the case of the applicants strictly in accordance with rules, keeping in view their eligibility/entitlements.

14. Accordingly, O.A. No. 1147/2026 is disposed of along with all connected M.A.s, if any.

15. No order as to costs.

(M. S. Latif) Member (Judl.)

Abhishek Punia Court Master 15.10.2026

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