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2002 DIGILAW 1379 (RAJ)

M. S. Rikhy v. State of Rajasthan

2002-08-06

SHIV KUMAR SHARMA

body2002
JUDGMENT 1. - The petitioner has approached this court with the prayer that the respondents be directed to revise the pay scale of the petitioner w.e.f. January 1, 1986 upto November 25, 1987, to give selection scale w.e.f. January 1, 1986 and to pay interest on the arrears so payable from November 25, 1987 till the date of actual payment @ 18% per annum. 2. Contextual facts depict that the petitioner who was appointed as Lecturer in Dayanand College Ajmer made to retire w.e.f. November 26, 1985 upon attaining the age of 58 years though he was entitled to remain in service till he attained the age of 60 years. After series of litigation the Government directed the institution either to permit the petitioner to serve for two more years or pay two years salary. When the institution failed to comply with the direction the Government on November 4, 1988 directed to deduct Rs. 76000/- being salary payable to the petitioner for the period dated January 27, 1985 to November 26, 1987. On November 15, 1988 the petitioner submitted representation to allow him the benefit of revised pay scale which had become applicable w.e.f. January 1, 1986. The benefit of Career Advancement Scheme was also extended to the Lecturers working in aided institutions w.e.f. January 1, 1986 according to which the lecturers became entitled to grant of senior scale and, selection scale after 8 years and 16 years of service respectively. Despite many representations when no heed was paid by the respondents, the petitioner filed the instant writ petition. 3. The respondent State of Rajasthan in the written statement did not dispute any of the facts but canvassed that the institution alone is responsible for inaction and delay in the matter of revision of pay scale and grant of selection scale to the petitioner. The respondent institution however did not choose to offer any justification by filing any reply. 4. I have heard the rival submissions. 5. Keeping in mind the uncontroverted facts and inaction attributed to the respondents I am of the opinion that it would be unjust, unreasonable and arbitrary to deprive the petitioner of the revised pay scale from January 1, 1986 upto November 25, 1987 and selection scale w.e.f. January 1, 1986. 6. 4. I have heard the rival submissions. 5. Keeping in mind the uncontroverted facts and inaction attributed to the respondents I am of the opinion that it would be unjust, unreasonable and arbitrary to deprive the petitioner of the revised pay scale from January 1, 1986 upto November 25, 1987 and selection scale w.e.f. January 1, 1986. 6. In the result the writ petition is allowed and the respondents are directed to revise the pay scale of the petitioner w.e.f. January 1, 1986 upto November 25, 1987 and to give him selection scale w.e.f. January 1, 1986. The entire arrears shall be paid to petitioner within Ninety days. The petitioner shall also be entitled to interest) 18% per annum on the arrears so payable from November 25, 1987 till the date of actual payment. There shall be no order as to costs.Petition Allowed. *******