SHYAM SUNDER GUPTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed by petitioner Shyam Sunder Gupta, who was initially appointed as Stenographer with the Labour Court, Jaipur on 02.12.1981, with the prayer that the respondents be directed to upgrade the post of Personal Assistant held by him to that of Senor Personal Assistant in the Labour Court, Jaipur, with effect from 21.01.1989 and promote him on that post from 01.06.1992, the date on which he completed three years of service on the post of Personal Assistant.

(2.) Petitioner was appointed as Stenographer Gr.II with the Labour Court on 02.12.1981; he was thereafter promoted to the post of Personal Assistant on ad-hoc basis vide order dated 12.01.1990. The petitioner submitted a representation to the respondents that in all the Courts of District & Sessions Judge the post of Senior Personal Assistants has been sanctioned and, therefore, the post of Stenographer Gr.II held by him be upgraded to the post of Personal Assistant with effect from 01.03.1990 and the petitioner was confirmed on that post with effect from 02.12.1991. Vide order dated 21.01.1989 the State Government decided to upgrade 39 posts of Personal Assistant to that of Senior Personal Assistant. Out of these posts, 27 posts were with the District Courts whereas 12 posts were with the Special Courts, the Presiding Officer whereof were of the cadre of District Judge from the Rajasthan Higher Judicial Services. The petitioner submitted number of representations that since the Labour Court is also presided over by an Officer of the rank of District Judge and the petitioner is providing him all the services which are given by a Senior Personal Assistant, the post of Personal Assistant held by him should be upgraded to the rank of Senior Personal Assistant. In the meantime, the Government decided to establish an Industrial Tribunal-cum-Labour Court at Bhilwara where a post of Senior Personal Assistant was sanctioned in the staffing pattern of that Court. Copy of the sanction order dated 03.12.1990 is available on the record. Apart from the post of Senior Personal Assistant, the post of 1 Reader, 1 Junior Accountant and 1 Process Server each were created whereas 3 posts of L.D.C. and 4 posts of Class IV were created. The petitioner thereafter again submitted a representation to the respondents in order to do justice with him, on 14.01.1991 praying that the post of Personal Assistant in the Labour Court, Jaipur be upgraded to the rank of Senior Personal Assistant. Many of his representations were forwarded by the Presiding Officer of the Labour Court who, on their own also, wrote to the Government that the post of Personal Assistant available with the Labour Court be upgraded to the rank of Senior Personal Assistant on the same pattern on which the post of Senior Personal Assistant is provided in all the District Courts as also in many of the Labour Courts/Industrial Tribunals.

(3.) Shri Arun Sharma, learned counsel for the petitioner, argued that this Court in similar circumstances, vide order dated 17.10.1995, allowed the writ petition of one Smt. Asha Bakhtiani, being S.B. Civil Writ Petition No.3769/1993, relying on the earlier judgment dated 23.10.1992 of this Court rendered in S.B. Civil Writ Petition No.840/1990, wherein also a direction was given to the respondents to upgrade the post of Personal Assistant to that of Senior Personal Assistant. Reliance was also placed on the judgment dated 27.08.2002 of this Court in S.B. Civil Writ petition No.6184/1994 Shri Shaukat Ali Chaudhary Vs. State of Rajasthan and Others; the facts of that case were that the petitioner was working on the post of Office Superintendent Gr.I; the pay and allowances whereof were not equal to that of the Munsrim in the Court of District & Sessions Judge. The said Writ Petition was allowed and the Special Appeal, being D.B. Civil Special Appeal (Writ) No.465/2003, filed against the said judgment, was dismissed by the Division Bench of this Court vide judgment dated 09.10.2003. Special Appeal No.615/1994, decided on 05.07.1995, filed by the State of Rajasthan against the judgment of Single Bench in the case of Barkat Ali (Supra), was also dismissed.