S.B. Civil Writ Petition No. 961/1997. Case: Satya Narain Mathur Vs Rajasthan State Electricity Board and Ors.. Rajasthan High Court

Case NumberS.B. Civil Writ Petition No. 961/1997
JudgesMohammad Rafiq, J.
IssueRajasthan Service Rules, - Rule 26A; Rajsthan Service Emplyees Bord Employees Service Regulation, 1964 - Regulation 27
Citation2010 (2) WLN 17
Judgement DateFebruary 25, 2010
CourtRajasthan High Court

Judgment:

Mohammad Rafiq, J., (Jaipur Bench)

  1. This writ petition has been filed by petitioner in the year 1997 with prayer that respondents may be directed to re-fix his pay with effect from 07.07.1984.

  2. Dr. Y.C. Sharma, learned Counsel for petitioner, has submitted that petitioner was initially appointed with respondent Board as Helper Gr.II with effect from 01.01.1974, whereas Sarva Shri Manda Lal Rohilla was appointed in February, 1979, Mohan Lal Khyaliya was appointed in February, 1978 and Ram Karan Jat was appointed in March, 1973 with the respondent Board against the post of Helper Gr.II.

  3. Petitioner appeared in Departmental Competitive Examination for the purpose of his selection against the post of Lower Division Clerk (LDC) and after being declared successful he was appointed against the post of LDC with effect from 07.07.1984, whereas the above named three persons, namely Mohan Lal, Madan Lal and Ram Karan Jat were appointed against the post of LDC with effect from 06.07.1984, 15.11.1984 and 17.04.1985, respectively, but, at the time of pay fixation, petitioner's pay was fixed in the pay scale of 530-950 at initial basic pay of Rs. 530/-, whereas above referred three persons were fixed in that pay scale initially at Rs. 580/- while giving them benefit of pay fixation. The petitioner had applied for the post of LDC in the competitive examination conducted by the respondent Board and, on being declared successful, he was appointed on that post on 07.07.1984. Despite being senior, petitioner is being deprived of higher pay which is being allowed to his juniors named above and it is in gross violation of the principles of natural justice as also in violation of Circular dated 20.06.1974, which was issued in terms of Rule 26-A of the Rajasthan Service Rules and Regulation 27 of the RSEB Employees Service Regulation, 1964. Pay of the petitioner is therefore liable to be stepped up at par with is juniors, named above.

  4. Respondents, in reply to writ petition, have contested the claim of petitioner by asserting that petitioner at the time of his appointment as LDC on 07.07.1984 was fixed in pay scale of 370-570, which was later on revised to 530-740. He, being a fresh appointee, cannot claim his case to be that of promotion. So far as promotion from the post of Helper Gr.II is concerned, next promotion provided for that is to the post of Helper Gr.I, which is a separate wing i.e. on technical side. Post of LDC falls in ministerial...

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