BHANWAR LAL SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition was filed by petitioner, who has been serving as Constable in the respondent Department since 1980, with prayer that respondents be directed to provide him benefit of pay scale of post of Electronic Data Processor from the date of his initial appointment with all consequential benefits; in alternative, prayer is made to provide him benefit of pay scale of Electronic Data Processor, which is applicable in National Crime Record Bureau as well as in other States, from the date of his initial appointment. Further prayer has been made that the respondents be directed to provide him benefit of promotion, which is being provided in other wings of Police, like - Finger Print Bureau and CID -CB, with retrospective effect as the petitioner was not called for qualifying examination.

(2.) CONTENTION of Ms. Shabnam, holding brief of Shri Tej Prakash Sharma, learned Counsel for petitioner, is that he was initially appointed as Constable with the Superintendent -I, CID -CB, Rajasthan, Jaipur, vide order dated 05.02.1980, in the pay scale of 250 -360. He was posted in computer cell in the Office of Director, Rajasthan State Crime Record Bureau, Jaipur. Ever since his posting, he was being required to work as Data Entry Operator in the said Office, yet he is being paid salary of post of Constable. Even otherwise, he was entitled to promotion to the post of Head Constable as per Schedule appended to the Rajasthan Police Subordinate Service Rules, 1989, however, his that right was curtailed. The petitioner requested the respondents time and again while working in the Rajasthan State Crime Record Bureau that he has limited chance of promotion and, therefore, either post of Head Constable should be sanctioned in that Bureau or he should be allowed benefit of pay scale of Electronic Data Processor, i.e. 1150 -1500 for Group A and that of 1350 -2200 for Group B post of EDP. In this connection, reference was made to the letter dated 04.05.1991 of the Deputy Secretary to the Government of India issued to Director General, National Crime Record Bureau, New Delhi. The petitioner submitted that he should be paid the pay scale of EDP on same pattern on which it was granted in National Crime Record Bureau.

(3.) DESPITE issuance of letter by the Din for General of Police on 01.10.1988, the Constables working in the State Crim Record Bureau were not called in the examination held in the years 1989, 1990, 1992, 1994 and 1995.