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2011 DIGILAW 290 (RAJ)

Budhi Prakash v. State of Rajasthan

2011-02-08

GOVIND MATHUR

body2011
JUDGMENT 1. - By this petition for writ, the petitioners are claiming the pay scale of Rs. 950-1680 with effect from 02.01.1992, as per Rajasthan Civil Service (Revised Pay Scales) Rules, 1989. 2. The factual matrix necessary to be noticed is that the petitioners entered in the service of the respondents being appointed as field workers on the dates referred in schedule A, appended with the petition. By notification dated 30.Tl.1994, an amendment was introduced in Rajasthan Medical and Health Subordinate Service Rules, 1965 (herein after referred as Rules of 1965) whereby the existing field worker, superior field worker and cholera worker appointed up to 02.01.1992 were re-designated and absorbed, as Health Worker, irrespective of the fact that whether they are metric or not, subject to the condition of acquiring three months training. In pursuant to the provision aforesaid, on acquiring three months' training, the petitioners were re-designated as health worker (Male) with effect from 02.01.1992. 3. The grievance of the petitioners is that though, they have been designated as health worker but, the respondents have not allowed the pay scale applicable to the post i.e. of Rs. 950-1680 though, the same is given to the persons similarly situated at other stations like Jaipur, Udaipur, Pali, Sirohi etc. 4. According to the learned counsel for the petitioners, the pay scale prescribed for the post aforesaid is of Rs. 950-1680 therefore, the same is required to be extended qua the petitioners also. While meeting with the contention advanced by learned counsel for the petitioners, it is submitted by Shri Yashpal Khillari, learned counsel for the respondents that the petitioners have not completed 10 years of service and therefore, as per Rules of 1989, they are not entitled for getting their pay fixed in the pay scale of Rs. 950-1680. According to the learned counsel, the pay scale prescribed for the health workers who have not completed 10 years of service is of Rs. 890-1250, in which the petitioners were already running. Reliance is placed by the learned counsel for the respondents to Section B Schedule 1, Medical and Health Department, Serial No. 2, under heading III, in the Rules of 1989, wherein the pay scales relating to multi purpose worker (Male) is prescribed. As per provisions aforesaid, multi purposes worker (Male) is entitled for the pay scale of Rs. Reliance is placed by the learned counsel for the respondents to Section B Schedule 1, Medical and Health Department, Serial No. 2, under heading III, in the Rules of 1989, wherein the pay scales relating to multi purpose worker (Male) is prescribed. As per provisions aforesaid, multi purposes worker (Male) is entitled for the pay scale of Rs. 950-1680 either on possessing requisite qualification i.e. secondary with one year multi purpose training, or on completion of 10 years' service as multi purpose worker. The petitioners are neither possessing requisite qualifications nor have completed the ten years of service, therefore, they were rightly fixed in the pay scale of Rs. 890-1250. 5. The controversy involved in this petition for writ lies in very narrow campus. It is not in dispute that the petitioners became Health worker with effect form 02.01.1992 under the Rules of 1989. Learned Counsel for the parties failed to point out any pay scale prescribed under the Rules of 1989 for the Health workers, as such the assumption is that no pay scale for that post is prescribed in the Rules and the respondents want to borrow the pay scale prescribed for multi purpose worker (Male) and for the Health workers also. No provision is brought into knowledge of the Court to include the Health workers, within the term "multi purpose worker (Male)". Under the Rules of 1965, the multi purpose worker (Male) and Health workers at the relevant time were shown as two different posts. The respondents have utterly failed to show as to how the conditions prescribed for the multi purpose worker (Male) have been made applicable to the Health workers. In such circumstances, the provisions relating to multi purpose worker (Male) cannot be applied for the Health workers ipse-dixit. The pay scale relating to health worker is to be given as prescribed by the Government. It is not in dispute that at other stations then the Jodhpur, the Health Workers are fixed in the pay scale of 950-1680. The Health workers after 02.01.1992 forms only, one class, irrespective of their qualifications and experience, therefore, the grant of a lower pay scale to the petitioner is not justifiable. They are to be treated at par with the other Health Workers, as such, the petitioners are entitled for fixation in the pay scale i.e. 950-1680. 6. This petition for writ, therefore, is allowed. They are to be treated at par with the other Health Workers, as such, the petitioners are entitled for fixation in the pay scale i.e. 950-1680. 6. This petition for writ, therefore, is allowed. The respondents are directed to fix all the petitioners in the pay scale of Rs. 950-1680 from the date they were declared Health-worker.Writ Petition Allowed. *******