26-Nov-2025 TACIT LEGAL
Introduction
In a recent judgment, the High Court of Jammu & Kashmir and Ladakh has once again clarified an important principle of service jurisprudence:
An employee is entitled only to the wages attached to the post he holds not to wages of a higher category merely because he is qualified or performs additional duties. The ruling came in the case Umer Mukhtar Mir v. UT of J&K & Another, where the petitioner sought wages under the skilled worker category, claiming he had been performing the duties of a Computer Operator. The Court, however, reaffirmed that wages flow from the post, not from qualifications or temporary assignments.
Background of the Case
The petitioner was appointed as an Orderly on a need-based engagement under the Forest Department (CAMPA scheme). Although he possessed computer skills, he had applied only for the post of Orderly. During his engagement, he was occasionally assigned computer-related assistance tasks. Earlier, the petitioner had filed a writ petition seeking categorisation as a skilled worker. The department was directed to consider his claim, and after examining the matter, it rejected his request.
In the present petition, he again sought:
Quashing of the rejection order
Direction to treat him as a skilled worker or ministerial employee, Payment of wages applicable to the “Computer Operator” category
Arguments Presented
Petitioner’s Contentions
He had been performing duties of a Computer Operator for several years. He was computer-literate, and therefore entitled to wages under the skilled worker category. His duties were not limited to those of an Orderly.
Respondents’ Position
Categorisation of wages depends on the post applied for, not on temporary or ancillary duties. The petitioner knowingly applied only for the post of Orderly. In the same selection process, separate posts for Computer Operator were available yet the petitioner did not apply.
Court’s Observations
Justice Sanjay Dhar examined the engagement order and the overall record and held:
1. Wages Are Attached to the Post, Not Qualifications The Court emphasized a settled principle:
“An employee or a worker is entitled to wages attached to a post/position. He cannot claim wages attached to a higher post merely because he is qualified to hold such post.”
2. Performing Higher Duties Does Not Change Category The fact that the petitioner assisted with computer-related tasks did not alter his substantive appointment: Temporary assignments, Additional skills, Higher capability cannot transform the nature of the post held by an employee.
3. Appointment Was Specifically for the Post of Orderly The Court noted: The petitioner was appointed as an Orderly. The department had separately recruited Computer Operators.
The petitioner was not selected for the skilled category.
4. CAMPA Engagement & Service Rules Not Applicable
Since the petitioner was not part of the permanent establishment of the Forest Department, the J&K Subordinate Service Rules did not apply to him.
Judgment
The Court found no illegality in the department’s decision. It held that: The petitioner continued to hold the post of Orderly. He was entitled only to unskilled worker wages, as per the category.Temporary performance of computer-related duties does not justify reclassification as a skilled worker.
Accordingly:
The writ petition was dismissed.
All interim directions were vacated.
Conclusion
This judgment reinforces a crucial principle in labour and service law:
“Qualifications or temporary performance of higher duties do not entitle an employee to wages of a higher post unless he is formally appointed/promoted to that post.”
For contractual, need-based, or scheme-based workers especially in government departments this ruling provides an important clarification on wage entitlement and categorisation.
Case Details
Case Title: Umer Mukhtar Mir v. UT of J&K & Another
Court: High Court of Jammu & Kashmir and Ladakh
Bench: Justice Sanjay Dhar
Issue: Claim for skilled-category wages by an Orderly performing computer-related duties
Outcome: Petition dismissed; wages must correspond to the actual post held
This article cover the legal point on whether a person who has qualification for better job can get higher pay the question was decided in this judgement and was held he can claim only when he was promoted or appointed for that post then only he can claim such benifits otherwise no.further you can read here important judgements and legal principles laid down by Hon’ble supreme court of India, this article is posted by Advocate Shivaji Rathore (J&K high court jammu) for more important legal topics stay connected with us, on tacit legal we post on YouTube channel also named as Tacit Legal helpful for Law students newely enrolled Advocate in India and other states, Follow us on Instagram also, Read our articles on important Questions of Law. #tacitlegal visit my website Tacit Legal dot in search on google, this website is made from Hostinger and wordpress follow our latest updates for legal news follow us on YouTube also for young lawyers law students helpful for Advocates, this blog is written by Advocate Shivaji Rathore practicing in Jammu and Kashmir high court and district court at Jammu. The website Tacit Legal is available on Google created with Hostinger and wordpress keep in touch and read our daily articles and reporting for law students and advocates as we provide you important legal information on Tacit Legal.in
Author: Advocate Shivaji Rathore
Founder – Tacit Legal | tacitlegal.in
