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Rajasthan High Court · body

2006 DIGILAW 189 (RAJ)

Ghisulal Tiwari v. State of Rajasthan

2006-01-18

AJAY RASTOGI

body2006
Judgment Ajay Rastogi, J.- Petitioner holding post of Assistant Light Inspector and being member of Rajasthan Municipalities (Subordinate & Ministerial Service Rules, 1963 ("Rules, 1963"), has prayed for issuing writ of mandamus directing respondents to make his fixation in pay scale of Rs. 1400-2600 from 01.09.1988 with consequential benefits. 2. Petitioner is diploma holder in Electrical. He was appointed as Assistant Light Inspector on 26.04.1980 in pay scale of Rs. 295-500 by direct recruitment under Rules, 1963 and was confirmed from 01.04.1985 vide order dated 08.06.1990. Pay scale of Rs. 295-500/-was revised to Rs. 420-740 with effect from 01.09.1981 and further revised to Rs. 720-1520 with effect from 720-1520 and then to Rs. 910-1520 from 01.09.1988. 3. State Government in exercise of powers under Section 297 of Municipalities Act, 1959 issued notification dated 18.01.1989 holding that employees and members of Rules, 1963 shall be entitled to same pay and allowances including bonus etc. as admissible to State Government employees, as amended from time to time. In view of aforesaid notification, after Rajasthan Civil Services (Revised Pay Scale) Rules, 1989 came into force, State Government issued notification dated 21.02.1990 holding that Revised Pay Scale Rules, 1989 are applicable to employees and members of Rules, 1963 also and accordingly, Commissioner/Director Local Bodies issued notification dated 09.01.1992 whereby those including petitioner, who were fixed in pay scale of Rs. 910-1530/-were fixed in pay scale of Rs. 1025-1800, which was further revised to Rs. 1200-2050 made admissible to Assistant Light Inspector working in State Government department vide notification dated 111.1995 which has been produced during arguments and is marked as Annexure A. 4. Counsel for petitioner contends that post of Asstt. Light Inspector is filled under Rules, 1963 by methods of direct recruitment and promotion in the ratio of 1: 1 and for direct recruitment only such employees having diploma are eligible while promotion quota is filled up from feeder post of Wireman. In the Department of Electrical Inspectorate in State Government there has been similar like post under nomenclature of Inspection Assistant carrying two pay scales of Rs. 1400-2600 for diploma holders and Rs. In the Department of Electrical Inspectorate in State Government there has been similar like post under nomenclature of Inspection Assistant carrying two pay scales of Rs. 1400-2600 for diploma holders and Rs. 1200-2050/-for non-diploma holders, which according to Counsel, is a clear case of disparity among similarly situated employees working under Government in two different departments fixed in two pay scales to those who are diploma holders and for non-diploma holders under Revised Pay Scale Rules, 1989, therefore, in that view of Rules, 1989, same pay structure as provided on the basis of educational qualification should have been followed with the employees working in the Municipalities under Rules, 1963, and this action of respondent State is violative of Articles 14 and 16 so also 39(d) of the Constitution of India. 5. Counsel further urged that those who are members of Rules, 1963 like petitioner and holding posts of Assistant Revenue Inspector, Asstt. Sanitary Inspector, Draftsman cum Surveyor, Electrical Mechanic, Foreman, Assistant Fire Officer and Mechanic despite their qualification which is much lower in comparison to the post of Assistant Light Inspector, yet they are on higher pay scale prescribed by respondents and thus even those are members of Rules, 1963 have been discriminated by State Government which calls for interference by this Court. 6. No reply has been filed by respondent State despite service. Respondent No. 2 has filed reply to writ petition wherein only fact stated is that pay scales are notified by State Government and Municipalities have nothing to say in the matter of fixation of revised pay scales. However, Dy. Govt. Advocate for respondent State made oral submission that the State Government, after examining the nature of duties and responsibilities, qualification fixed, pay scales of the employees working in municipality and in its other department by making suitable amendment and revision from time to time. Counsel further urged that revised pay scale Rules 1989 which are admissible to Government employees cannot be ipso facto made applicable without making an amendment in the Rules in terms of notification dated 18.01.1989 and once State Government considered to fix petitioner in pay scale of Rs. 1025-1800 vide notification dated 09.01.1992, it was on their own request made in representation as is evident from order dated 111.1995 (Annexure-A) whereby their pay scale was further revised from Rs. 1025-1800 to Rs. 1025-1800 vide notification dated 09.01.1992, it was on their own request made in representation as is evident from order dated 111.1995 (Annexure-A) whereby their pay scale was further revised from Rs. 1025-1800 to Rs. 1200-2050/-, which has not been assailed by petitioner and once accepted, this writ petition has become infructuous. 7. I have considered contentions of Counsel for the parties and with their assistance, examined material on record. Since facts stated by petitioner have remained uncontroverted, therefore, I have proceeded on the basis of facts pleaded in writ petition. It is case of petitioner that in Street Light Section under Rules, 1963, post of Light Inspector carrying pay scale of Rs. 975-1720 for non-diploma holder and Rs. 1400-2660/-for diploma holders as per notification dated 010.1990 is filled up 100% by promotion from the post of Assistant Light Inspector with five years experience; therefore, petitioner made representation against prescription of pay scale of Rs. 910-1730 for the post of Assistant Light Inspector and prayed for pay scale of Rs. 1400-2600/-as he possessed qualification of diploma from ITI. Indisputably his representation was partly accepted and vide notification dated 111.1995 (Annexure A) pay scale of Rs. 1025-1800/-fixed by notification dated 010.1990 was revised only to Rs. 1200-2050/-. 8. It is also the case of petitioner that identical posts of Inspection Assistant in the Department of Electrical Inspectorate, Government of Rajasthan carried two pay scales (i) Rs. 1400-2600/-for degree/diploma holders and (ii) Rs. 1200-2050/-for non-degree/diploma holders under Revised Pay Scale Rules, 1989, and identical qualification is prescribed for the post of Assistant Light Inspector in Municipality under Rules, 1963. 9. Petitioner has been prima facie able to show that in Department of Electrical Inspectorate in State Government, two pay scales have been prescribed for employees holding post of Inspection Assistant (1) for diploma/degree holders and (2) for non-degree/diploma holders. Employees holding post of Inspection Assistant having qualification either degree or diploma are fixed in higher pay scale than for non-diploma/degree holders. But so far as such like employees working in Municipality having qualification of degree/diploma and are members of Rules, 1963 holding post of Assistant Light Inspector, only one pay scale has been prescribed and no distinction has been made with regard to qualification possessed by incumbents. 10. But so far as such like employees working in Municipality having qualification of degree/diploma and are members of Rules, 1963 holding post of Assistant Light Inspector, only one pay scale has been prescribed and no distinction has been made with regard to qualification possessed by incumbents. 10. In my opinion since fixation of pay scales to employees is totally within domain of State Government, and since no reply has been filed by State Government, prima facie I find that there is some justification in what has been stated by petitioner in this writ petition. In the interest of justice, I deem it appropriate to remit the matter to be considered by the State Government with regard to alleged anomaly in their fixation of pay scale pointed out by petitioner for the post of Assistant Light Inspector having qualification of diploma/non-diploma holders working in the cadre. 11. Consequently, the writ petition is partly allowed with the direction to the respondent State Government to constitute a committee for consideration and examination of claim of petitioner for revision of pay scale of the post of Assistant Light Inspector from Rs. 1200-2050/-to Rs. 1400-2600/ - whichhas subsequently been further revised from time to time, in the light of his representation (Exhibit 2), and after affording personal hearing to petitioner during which he will be free to submit further fresh representation, if so advised. The committee so constituted under direction of this Court by the State Government shall consider grievance in question and pass a speaking order in accordance with law expeditiously but not later than six months from receipt of certified copy of this order and communicate its decision to the petitioner. 12. To the above extent, this writ petition stands disposed of . No order as to costs.