Jammu and Kashmir High Court Dismisses Petition for Skilled Wages by Orderly

Court Upholds Engagement Order, Denies Wage Claim Based on Additional Skills

In a recent judgment, the Jammu and Kashmir High Court has dismissed a petition filed by Umer Mukhtar Mir, an orderly engaged under the Jammu and Kashmir State CAMPA (Forest Department), who sought wages applicable to a skilled category on the basis of performing duties as a computer operator. The court, presided over by Justice Sanjay Dhar, ruled that wages are determined by the engagement order and not by the qualifications or additional skills of the worker.

Umer Mukhtar Mir, the petitioner, had participated in a selection process conducted by the Forest Department and was engaged as an orderly on 12th July 2013. Despite being deputed as a computer operator, Mir was paid wages corresponding to an unskilled worker, as per the terms of his engagement. He contended that according to S.O. 513 of 2022, he should receive the minimum daily wages of Rs.  483 applicable to skilled workers due to his role as a computer operator.

The petitioner had previously filed a writ petition, WP(C) No.1249/2023, which resulted in a court order directing the respondents to consider his case in accordance with the law. However, the respondents subsequently rejected his claim on 24th June 2023, prompting Mir to challenge the decision as arbitrary and unjust.

The court examined the petitioner’s engagement order, which clearly stated his selection as an orderly. It noted that while Mir possessed computer knowledge, his application and selection were for the post of an orderly, not a computer operator. The court emphasized that an employee is entitled to wages attached to the specific post for which they were hired, not based on additional qualifications or skills.

Justice Dhar highlighted that the petitioner could not claim wages of a skilled worker since he applied for and was engaged as an orderly. The ruling reaffirmed that the categorization of workers under CAMPA is based on the initial engagement terms and not subsequent duties performed.

The court concluded that the petition lacked merit and dismissed it accordingly, thereby upholding the engagement order and the wage determination based on the original terms of employment.

Bottom Line:

A worker is entitled to wages attached to the post he has been selected for, and cannot claim wages of a higher post solely based on his qualifications or additional skills.

Statutory provision(s): S.O. 513 of 2022, SRO 335 of 1991

Umer Mukhtar Mir v. UT of J&K, (Jammu And Kashmir)(Srinagar) : Law Finder Doc Id # 2808660