JUDGMENT 1. - The petitioner was given appointment on the post of Nurse in the pay scale of Rs. 255-420. Vide order dated Sept. 5, 1982. The grievance of the petitioner is that she ought to have been allowed the-pay scale of Rs. 355-570 (490-840) instead of Rs. 255-420. An appeal was preferred by the petitioner before the Rajasthan Civil Services Appellate Tribunal Jaipur but it was dismissed on Feb. 4, 1988 with the observations that the petitioner was neither matriculate nor did she has five years experience in the department. She was evidently not eligible for being allowed the higher scale of Rs 355-570 (490-840). 2. The petitioner has placed orders dated July 26, 1996 and August 31, 1996 respectively issued by the Director Ayurved Department Ajmer and Distt Ayurved Officer Jaipur whereby the petitioner was given pay scale of Rs. 880-1680 from October 13, 1987 after gaining five years experience in the service. 3. I have heard Mr. R.C. Joshi, learned counsel appearing for the petitioner and carefully scanned the material on record. In the reply the respondents supported the order passed by the Tribunal and averred that the petition was neither matriculate nor did she have five years experience in the department at the time of her initial appointment therefore she was not entitled to higher scale of Rs. 355- 670. 4. The Rajasthan Civil Services (Revised Pay Scales) Rules, 1983 (for short the Rules of 1983) were given effect from Sept. 1, 1981 and the said Rules were applicable to the petitioners as she came to be appointed on Sept. 5, 1982. According to Rules of 1983 only untrained Nurses had to be given pay scale of Rs. 255-440. The petitioner was a trained Nurse as she undertook the training of Ayurved Department in pursuance of Notification dated November 6, 1979 (Ex. 1). Respondent No. 3 advertised 372 posts of Nurses and Compounders vide order dated Feb. 23, 1982 (Ex. 2). The scale of both selected Nurses and Compounders in the said Notification dated Feb, 1982 was Rs. 355-570 plus usual allowances. 5. A bare look at the order dated Feb. 4, 1988 of the Tribunal reveals that it is based on the interpretation of earlier Rules of 1969. The rejection of petitioner's claim by the tribunal is contrary to the Rules of 1983.
355-570 plus usual allowances. 5. A bare look at the order dated Feb. 4, 1988 of the Tribunal reveals that it is based on the interpretation of earlier Rules of 1969. The rejection of petitioner's claim by the tribunal is contrary to the Rules of 1983. The condition of five years experience as provided in earlier Rules of 1969 is not applicable to the case of the petitioner as she was a trained Nurse at the time of appointment. Even otherwise the petitioner and other similarly situated persons have been discharging similar functions. On the basis of the principles "Equal Pay for Equal Work" the petitioner was entitled to receive the same salary as was paid to similar situated persons who were discharging identical duties. The denial of pay scale of Rs. 355, 570 (490-840) is violative of Articles 14 & 16 of the Constitution of India. 6. In the result, the writ petition succeeds and is hereby allowed. The order dated Feb. 4, 1988 of the Rajasthan Civil Services Appellate Tribunal Jaipur is set aside and the respondents are directed to fix the salary of the petitioner in the scale of 355-570 (490-840) with effect from the date of petitioners joining the August Depth i.e. from October 12 1982 with all consequential benefits. The petitioner shall also be entitled to costs of the writ petition from the respondents.PEtition allowed. *******