Employee Cannot Claim Wages Of Higher Post Merely Because He Is Qualified To Perform Such Tasks: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that an employee cannot claim wages of a higher category merely because he is qualified or capable of performing duties associated with that post.The Court clarified that wages are attached to the post held and not to the qualifications possessed by the employee.The Court was hearing a petition challenging the rejection of a claim for wages under the "skilled" category, despite the petitioner asserting that he had been performing duties of a Computer Operator.A Bench comprising Justice Sanjay Dhar, while observing that the petitioner, despite being computer-literate, had applied only for the post of Orderly, held that “once the petitioner was selected for the post of Orderly, he cannot claim wages which are fixed for the post of Computer Operator or any other post categorized as 'skilled”. The Court further clarified that “an employee or a worker is entitled to wages attached to a post/position. He cannot claim wages attached to a higher post/position merely because he is qualified to hold such post/position.” The petitioner had been appointed as an Orderly on a need-basis arrangement after he participated in a selection process initiated by the Forest Department under the CAMPA scheme. His deputation subsequently involved assisting with computer-related tasks.A previous writ petition filed by him resulted in a direction to the department to consider his claim. Pursuant to that direction, the department rejected his request, maintaining that he was engaged only as an Orderly.In the present petition, he sought quashing of the rejection order and a direction to treat him as a skilled worker or ministerial-category employee, arguing that since he had been functioning as a Computer Operator for several years, he was entitled to wages under the “skilled worker”The respondents, however, contended that categorisation is based on the post applied for and not on duties temporarily assigned, and that the petitioner knowingly applied only for the post of Orderly.The Court examined the engagement order and noted that although the petitioner was computer-literate, he had applied for the post of Orderly and was appointed specifically to that post. The Department had, in the same engagement process, also selected candidates for the post of Computer Operator, but the petitioner was not one of them.The Court held that the petitioner could not seek wages associated with a different category solely because he possessed relevant skills or performed related tasks. The availability of qualifications, or the fact that the employee assists the department in higher-level duties, does not alter the nature of his appointment.The Bench held that since the petitioner was appointed as an Orderly and continued to hold that position, his wages must be calculated strictly in accordance with the “unskilled worker” category. The Court rejected the contention that temporary or ancillary computer-related duties could transform the petitioner's category or entitle him to wages of a higher post.The Court also noted that the petitioner was not on the permanent establishment of the Forest Department, making the J&K Subordinate Service Rules inapplicable to him.Accordingly, finding no illegality or infirmity in the department's rejection order, the Court dismissed the writ petition. All interim directions were vacated.Case Title: Umer Mukhtar Mir v. UT of J&K & Another Citation: 2025 LiveLaw (JKL)Click here to read/download Judgment

Employee Cannot Claim Wages Of Higher Post Merely Because He Is Qualified To Perform Such Tasks: J&K&L High Court

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