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2007 DIGILAW 283 (RAJ)

Girdhari Lal v. State of Rajasthan

2007-02-08

PREM SHANKER ASOPA

body2007
JUDGMENT 1. - By this writ petition, the petitioner is seeking direction for payment of salary of Excise Guard in the revised pay scale of 800-1250. 2. The case of the petitioner is that he was initially appointed as Excise Guard vide order dated 31.3.1979 and was subsequently confirmed w.e.f. 26.9.1980 as would be evident from service book entry (Annexure-2 at page 29 of writ petition). Vide order of the Finance Department dated 26.2.1997, the post of Class-IV was upgraded into Abkari (Excise) Guard wherein pay scale has been shown as Rs. 800-1250. 3. The Government in its reply has stated that the petitioner is a Class-IV employee and in view of notification dated 20.11.1996 whereby Rajasthan Excise Subordinate Service (General Branch) Rules, 1974 (in short 'the Rules of 1974') have been amended, he is not entitled for the post of Excise Guard, therefore, he was not granted the pay scale of Excise Guard. 4. Submission of counsel for the petitioner is that prospective/retrospective amendment in the Rules of 1974 with regard to the qualification will not invalidate the appointment made prior to the date of enforcement of the amendment and further a confirmed employee cannot be deprived of the benefit of order of the Finance Department dated 26.2.1997. Denial of benefit of the pay scale of Rs. 800-1250 to the petitioner is wholly arbitrary. 5. Submission of counsel for the respondents is that in view of amendment dated 20.11.1996, the petitioner cannot be granted salary of the Excise Guard on account of the fact that he has not passed VIIIth standard. 6. Heard counsel for the parties and gone through the contents of the writ petition and further considered rival submissions of the parties. 7. After consideration of rival submissions of the parties and record of the writ petition, I am of the view that the Excise Guard confirmed w.e.f. 26.9.1980 i.e. 16 years prior to the amendment made in the Service Rules vide notification dated 20.11.1996 cannot be denied the benefit of pay scale of the post of Excise Guard. Even after the amendment dated 20.11.1996, the petitioner is still working as Excise Guard. There appears to be no justification for not granting the pay scale of Excise Guard. 8. Resultantly, the writ petition is allowed. The respondents are directed to grant pay scale of Excise Guard of Rs. 800-1250 to the petitioner w.e.f. 26.2.1997. Even after the amendment dated 20.11.1996, the petitioner is still working as Excise Guard. There appears to be no justification for not granting the pay scale of Excise Guard. 8. Resultantly, the writ petition is allowed. The respondents are directed to grant pay scale of Excise Guard of Rs. 800-1250 to the petitioner w.e.f. 26.2.1997. The benefit of fixation and arrears of pay be also given within a period of three months.Writ Petition allowed. *******