JAMMU, Feb 12 ; The Jammu and Kashmir government on Thursday informed the Legislative Assembly that several departments have been granting pay scale upgradation benefits to Work Supervisors “in contravention” of statutory rules, a practice that has now cast a shadow over pension fixation of scores of retiring employees.
In a written reply to a question by MLA Khurshied Ahmad, Minister in-charge Finance Department as per Kashmir News Service (KNS) said benefits extended under SRO-59 of 1990 continued even after its withdrawal in 1996, despite clear prohibitions issued through subsequent government orders.
“Some departments have allowed the benefit of SRO-59 dated 06.02.1990 even beyond date of withdrawal of the SRO i.e. 15.01.1996, same is in contravention of SRO 231 of 2003,” the reply stated as per KNS.
The government, however, indicated a limited relief, stating that where such benefits were found to have been granted as per rules, pension cases “shall be forwarded” to the Accountant General with requisite certification by the Drawing and Disbursing Officer.
The clarification follows years of litigation initiated by aggrieved associations of Works Supervisors and Road Supervisors, who had moved the High Court challenging denial of dual benefits under SRO-59 and SRO-14.
SRO-149 matter in Supreme Court
On a related issue concerning SRO-149 of 1973, the government informed the House that the matter is currently sub judice before the Supreme Court.
The reply as per KNS noted that despite SRO-149 being superseded by SRO-91 of 1982, several departments continued to extend its benefits to employees recruited after 1982.
“Finance Department…clarified that each new set of pay rules is a self-contained document and, de jure, supersedes the earlier pay rules,” the minister said, adding that special provisions under previous rules stand replaced unless expressly protected.
Citing a 2019 circular of the Law Department, the government said all authorities must strictly comply with the Supreme Court’s orders in the matter and no direction contrary to the apex court’s January 2019 order shall be issued.
The reply effectively leaves a large number of pension cases entangled in legal interpretation, even as the government has opened a certification window for those granted benefits strictly in accordance with rules. (KNS)
