H.A.

SIDDIQUI CHAMBER: -
LL.B LL.M
ADVOCATE House No. JMC 831
(Former Sr. AAG) Mohalla Ramzan Pura
HIGH COURT OF J&K Eidgah, Janipur Colony,
AND LADAKH AT JAMMU Jammu-180007.
(M) 94191-15064

Ref. No. Ref. No. HAS/ /2022 Dated- -12-

2022
LEGAL NOTICE

To,

The Principal Secretary to Govt,

Home deptt, Civil Secretariat
Jammu/Srinagar.

Sub:- Reminder to notice Notice for extending benefit of SRO 215

dated 18th May 2018 in favour of my client.

Sir/Madam,

Instructed by Shri Ghulam Sarvar Chauhan S/o Late

Shri Lal Din R/o Kalab Tehsil Mendhar Distt. Poonch at
present Jammu, hereinafter referred to as my client, I am to
serve upon you the following legal notice:-

1. Whereas my client was recruited as DySP on 13-11-1992 in

Jammu and Kashmir Police Gazetted Sevice in the year 1992 and
thereafter was granted selection grade of DySP in the pay scale of
9000/- - 14,100/- w.e.f 01-04-1998.

2. Whereas my client was promoted as Superintendent of Police on

01-12-1999 vide govt order No. home 524(p) of 1999 dated 12-
1999 in the pay grade of 10000- 15200 with immediate effect.
3. Whereas my client was placed in the selection grade of Rs. 12000-
16500 vide govt order No. home 299 (p) of 2005 dated 22-06-
2005 giving him retrospective effect with 01-12-2004 as Senior
Superintendent of Police.

4. Whereas on the recommendation of 6th pay commission, the state

govt issued SRO 93 of 2009 dated 15-04-2009 revising the
existing grade of 12000-16500 in the pay band of 15600 – 39100
with grade pay of 7600. The said SRO was issued on 15-04-2009
but made effective w.e.f 1-1-2006.

5. Whereas my client after rendering 58 years of service retired on

31-05-2013 vide notification no home,pb-1/293/97/2612 dated
27-04-2013 and PHQ endorsement No. GZ /G -02/2010-2011/12
dated -17-05-2012.

6. Whereas my client stagnated at the post of SSP w.e.f from 01-12-

2004 till his retirement i.e 31-05-2013 thereby putting a service
of more than 09 years at the level of SSP.

7. Whereas my client was placed in the grade of 12000 – 16.500/-

w.e.f from 01-12 -2004 and the said grade was revised pursuance
to revision of general pay grades on the recommendation of 6 th
pay commission as implemented in the sate vide SRO 93/2009

8. Whereas the govt issued SRO 215 dated 18 May 2018 thereby
introducing non functional monetary scheme (NFS) for the
members of the general executive cadre of the JK Police Gazetted
Service and in terms of rule 2 of the said SRO, the scheme was
implemented in favour of the officers with 10 years, 4 years and 8
years of eservice in the junior scale, time scale and selection
grade 1 respectively.

9. Whereas my client was denied this benefit as he was not having 8

years of service in time scale making him eligible for placement in
selection grade-1 of rupees 37,400-67000 with grade pay of
Rs.8700/-.
10. Whereas the said SRO has fixed ten years, four years and 8
years in terms of rule 2 for grant of the benefit of NFS without
any rational basis. The state was expected to follow a uniform
length of service so as to extend benefit to the officers who had
faced stagnation in a particular grade.

11. Whereas in rule 2 (ii) a time scale JKPS officer with 4 years of
service in the time scale is made eligible for placement in the
selection grade -2 (nonfunctional) of Rs. 15,600- 49100 with
grade pay of Rs. 7600/- which appears to be reasonable duration
for granting this benefit to the next higher pay scale.

12. Whereas the non functional promotion of my client was due in

terms of rule 2 (iii) but on account of lacking 8 years of service, he
was not extended this benefit. Had the duration of 4 years fixed
as was done under rule 2 (ii) for the officials covered under rule 2
(iii) my client would have been placed in selection grade -1 (non
functional of Rs. 37,400- 67000 with grade pay of Rs. 8700/-.

13. Whereas there is no reasonable basis/classification spelled out

under rule 2 for fixing arbitrary tenure of 10 years and 8 years for
two categories and fixing four years for a third category governed
under the single service rules. The fixation of 10 years and 8
years in rule 2 (i) and (iii) defeats the very object of the said SRO
and deprives my client to get the benefit of NFS contrary to Art 14
and 21 of the Constitution of India.

14. Whereas without prejudice to whatever has been submitted

above, it is stated that my client has stagnated at the level of SSP
w.e.f 01-12-2004 upto his retirement making his service as more
than 09 years as SSP thus making him eligible for grant of benefit
of NFS in terms of SRO 215 dated 18th may 2018.

In view of the position explained, I through the

medium of this notice, request you to consider the extension of
benefit of NFS in favour of my client even if it may require
 amendment of SRO 215 fixing a uniform duration in terms of rule
2, four years service, within a period of 4 weeks failing which my
client shall be compelled to approach the appropriate forum for
redressal of his grievance.

A copy of this notice is retained in my office chamber for reference and

record.

With regards

Yours sincerely

Place – Jammu.

Dated- -12-2022

H.A. Siddiqui
Advocate
High Court of J & K and
Ladakh at Jammu.