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2016 DIGILAW 1375 (RAJ)

Hakeem Khan Gauri S/o Shri Abbas Khan Gauri v. State of Rajasthan through the Principal Secretary, Department of Higher Education

2016-09-21

JAISHREE THAKUR

body2016
ORDER : Jaishree Thakur, J. Counsel for the respondents submits that today reply to the writ petition has been filed. Let the same be taken on record. 2. The present writ petition has been preferred seeking writ, order or direction to be issued to the respondents directing them to make revision of the petitioner in the pay scale of Rs.37,400-67,000 with Grade Pay of Rs.9,000/- w.e.f. 01.09.2006. 3. The petitioner had educational qualification of Master of Arts (History) and Bachelor in Library Science. Based on the qualification possessed by him, he was initially appointed on the post of Library Assistant w.e.f. 17.11.1966 and thereafter was posted as Assistant Librarian, College Education in the Year 1981. The petitioner retired while working on the post of Librarian in Government College, Barmer and at the time of his retirement, was paid selection scale as per the Guidelines existing on that date. The 6th Pay Commission came into effect by a Notification dated 12.10.2009, by which, there was a revision in the pay scale. The petitioner has preferred this writ petition seeking the benefit on the basis of 6th Pay Commission and revision in his pay scale. 4. Memorandums dated 12.09.2008 & 13.05.2010 came to be issued stipulating that those Librarians who had completed three years of service in selection scale prior to their retirement would be entitled to the Pay Scale in the pay band of Rs.37400-670000. 5. Mr. K.D.S. Charan learned counsel appearing on behalf of the petitioner contends that the petitioner superannuated on 31.12.2001 and he was given selection scale on 03.08.1997 and, therefore, would fall into the category of those persons who would be entitled to revision of pay scale as given under the Notification of the 6th Pay Commission. It is further contended that similar matter was taken up for consideration in a judgment rendered by this Court at Jaipur Bench in S.B. Civil Writ Petition No. 9264/2011 S.P. Soni v. State of Rajasthan & Ors. with 47 other connected matters decided on 08.04.2013. The learned Single Judge while taking note of the Memorandums that were issued, allowed the writ petitions and directed the respondents to consider the case of all petitioners as per the Memorandum dated 12.09.2008 for revision of the pension after taking note of the pay scale so notified. with 47 other connected matters decided on 08.04.2013. The learned Single Judge while taking note of the Memorandums that were issued, allowed the writ petitions and directed the respondents to consider the case of all petitioners as per the Memorandum dated 12.09.2008 for revision of the pension after taking note of the pay scale so notified. It was further held that if the petitioners had completed three years service in the selection scale prior to their retirement, then pay scale in the pay band of Rs. 37,400-67,000 would be taken into consideration for them and the pension should be revised accordingly. The State Government took the matter up in an appeal before the Division Bench in D.B. Civil Special Appeal [Writ] No. 1045/2013 State of Rajasthan & Ors. v. Chandu Ram Kukkar along with 46 other Special Appeals decided on 19.08.2014 and the Division Bench after considering the arguments raised, dismissed the appeals affirming the judgment rendered by the Single Bench. It is further submitted that the matter has attained its finality by the Hon'ble Apex Court in SLP (C) No. 321 of 2015 State of Rajasthan & Ors. v. Mahendra Nath Sharma decided on 01.07.2015. 6. Mr. Digvijay Singh learned Additional Government Counsel appearing on behalf of respondents has made an attempt to distinguish the case of the petitioner as from the judgments relied upon but has remained unsuccessful. 7. I have heard the learned counsel for the parties and have perused the available record. 8. It is held that the matter is no longer res-integra, in view of the fact that the Coordinate Bench of this Court and subsequently the Division Bench have held that those persons who have worked three years prior to their retirement in the selection scale would be entitled to revision in their pay scale. Therefore, the writ petition is allowed in terms of the judgment rendered in S.P. Soni (Supra) subsequently affirmed by the Division Bench and the Apex Court. 9. Accordingly the writ petition is allowed with a direction to the respondents to complete the exercise within a period of three months from the date of receipt of certified copy of this order and pass orders accordingly. Writ petition allowed.