Research › Search › Judgment

Rajasthan High Court · body

2007 DIGILAW 1660 (RAJ)

Shyam Sunder Patidar v. State of Rajasthan

2007-09-03

P.S.ASOPA

body2007
JUDGMENT 1. - By this writ petition, the petitioners have prayed for quashing of the orders dated 2.11.1999 (Annex.3) and 18.4.02 (Annex.4) and further direction to allow the regular pay-scale of Gram Sevak cum Paden Secretary i.e. 3200-85-4900 from the date of initial appointment i.e. 5.11.1999, by modifying the orders dated 5.11.1999 and 2.12.2002 with all consequential benefits. 2. The facts in brief of the case are that an advertisement dated 25.2.1999 was issued for the appointment on the post of Gram Sevak Cum Paden Secretary in the regular pay-scale of Rs. 3200-85-4900. 3. The petitioners appeared in the written examination and after qualifying the same, the petitioners were appointed to the post of Gram Sevak cum Paden Secretary vide order dated 5.11.1999 on the consolidated salary of Rs. 1200/- per month on probation period of two year instead of regular pay-scale of Rs. 3200-85-4900. Even after making personal request, the said regular pay-scale was not granted to the petitioners and vide order dated 18.4.2002, the petitioners were declared confirmed from the date they completed their probation period and were given regular pay-scale of Rs. 3200-85-4900, but the benefit of regular pay-scale was not granted from the date of initial appointment. 4. The similar controversy was raised before this court by the similarly i situated persons, which was resolved ultimately by the Division Bench of this court in the case reported in 2005(1) WLC (Raj.) 264, Prashant Vohra and anr. v. State of Raj. and ors. and it was directed that the petitioners in that case shall be given notional benefit of pay-scale of Rs. 3200-85-4900 from the date of their initial appointment till the confirmation dated i.e. 1.6.02. The operative portion of the said judgment reads as under : "6. In the facts and circumstances of the case, the appeal is allowed and the order of the learned single judge is set aside. It is directed that the appellants shall be given notional benefit of the pay scale of Rs. 3200-85-4900 from the date of their initial appointment till Ist June, 2002. Thereafter, they shall be given actual benefit of the regular pay-scale and their salary shall be fixed afresh within a period of two months. We would also like to clarify that neither expressly nor by implication we have held the appellants to be entitled to secure actual payment of salary on the basis of pay-scale of Rs. Thereafter, they shall be given actual benefit of the regular pay-scale and their salary shall be fixed afresh within a period of two months. We would also like to clarify that neither expressly nor by implication we have held the appellants to be entitled to secure actual payment of salary on the basis of pay-scale of Rs. 3200-85-4900 from the date of initial appointment to the date of confirmation. It is only from the date of confirmation that the appellants will be entitled to limited relief as indicated above.'' 5. Dr. Khangarot, Addl.G.A., appearing on behalf of State has also not disputed the aforesaid legal position. 6. In view of above, the writ petition is disposed of in terms of the judgment rendered in Prashant Vohara's case (supra) and respondents are directed to give notional benefits of the pay-scale of Rs. 3200-85-4900 to the petitioners from the date of their initial appointment till their confirmation, and from the confirmation they will be entitled for all notional fixation as well as i actual benefits of the regular pay-scale.The writ petition is disposed of accordingly.Writ petition disposed of as above. *******