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1991 DIGILAW 924 (RAJ)

Abdul Rehman v. State of Rajasthan

1991-11-28

G.S.SINGHVI

body1991
JUDGMENT 1. - A short question involved in this writ petition is as to whether the petitioner has a right to have his pay fixed in the scale No. 10 (Rs. 610-1090) with effect from 1.9.81 and whether he is entitled to consequential benefits. 2. The petitioner has retired from service in the month of March, 91 as Office Assistant. 3. Before his promotion as Office Assistant, the petitioner was working as UDC. His pay was fixed in the grade of UDC by order dated 15.5.85 issued by the office of the Collector, Bundi. He was given the benefit of revised scale of Rs. 610-1090 with effect from 1.2.85. The petitioner made a representation on 1.10.85 for fixation of his pay in the revised scale with effect from 1.9.81. That representation did not yield any result. 4. The revision of pay scale of UDC with effect from 1.2.85 became subject matter of Gopal Dass v. State of Rajasthan, DBCWP No. 3116/87 D/d. 21.12.88 (Raj.) The High Court declared that the amendment in the pay scale of UDC should be treated as effective from 1.9.81 instead of 1.2.85. 5. Notwithstanding the judgment of the High Court, the respondents have not fixed the pay of the petitioner in the scale of UDC with effect from 1.9.81. 6. The petitioner's case is that he has been subjected to discriminatory treat met. Once the Court has made it clear that the revised pay scale of the UDC shall be treated as an effective from 1.9.81, there can be no justification for the respondents not to fix the petitioner's pay in that scale with effect from 1.9.81. 7. No reply to the writ petition has been filed. 8. It is clear from the decision of the Division Bench of the High Court that the revised pay scale of UDC is to be effective with effect from 1.9.81. The earlier date of introduction of revised pay scale fixed as 1.2.85 has been found to be arbitrary discriminatory and unconstitutional. Once the High Court has made a specific declaration, there can be no justification for not fixing the pay of the petitioner in the scale of 610-1090 with effect from 1.9.81. Petitioner has thus been subjected to discriminatory treatment. 9. The writ petition is, therefore, allowed. The respondents are directed to fix the petitioner's pay in the scale of Rs. Once the High Court has made a specific declaration, there can be no justification for not fixing the pay of the petitioner in the scale of 610-1090 with effect from 1.9.81. Petitioner has thus been subjected to discriminatory treatment. 9. The writ petition is, therefore, allowed. The respondents are directed to fix the petitioner's pay in the scale of Rs. 610-1090 with effect from 1.9.81 and give him all consequential benefits including the benefit of revised fixation in the pay scale which have been introduced with effect from 1.9.86 and 1,9.88 or from any other date and also to extend this benefit to the petitioner in the matter of grant of revised pension etc. All arrears should be paid to the petitioner within 4 months of the date of presentation of the copy of the order. Parties are left to bear their own costs.Writ Petition allowed. *******