MANJU RANI NADHERIA Vs. STATE

JUDGEMENT

(1.) Since all these petitions involve common question, hence at joint request, were heard together and are being disposed of by present order.

(2.) All the petitioners were appointed as Female Supervisor prior to Rajasthan Women & Child Development (State & Subordinate) Service Rules, 1998 ("Rules, 1998") came into force. Their grievance was that they have not been granted selection scales in terms of Finance Department's Circular dt. 25/01/1992- as per para 4 whereof, 1st selection scale of next promotional in same service/cadre shall be payable on completion of 9 years' service-in instant case, of Assistant Child Development Project Officer ("ACDPO") in pay scale of Rs. 1640-2900/- (subsequently revised Rs. 5500-175-9000) being the first promotional post; and various Female Supervisors were promoted as ACDPO in pay scale of Rs. 1640-2900/- and ACDPOs were further promoted as Child Development Project Officers ("CDPOs") in pay scale of Rs. 2000-3200/-. Upon representations having been made by Female Supervisors, State Government fixed them in pay scale of Rs. 1400-2600/- which in fact was lower to pay scale of Rs. 1640-2900/- of the post of ACDPO, vide order dt. 20/04/1996, which was assailed by few of petitioners (Smt. Prem Jain, Asha Jain, Santosh Jain, Sujata Saxena, Pushpa Singh, Raj Kumari Bhatnagar & Manju Rani) by way of appeal-83/1998 which was decided vide judgment dt. 27/07/1998, wherein the learned Tribunal observed that channel of promotion from the post of Female Supervisor was to the post of ACDPO; and on completion of nine years' service, they are entitled for first selection scale of pay scale of Rs. 1640-2900/- and the order dt. 20/04/1996 was accordingly modified. However, it was made clear that what has been observed by learned tribunal while disposing of appeal will be subject to promotional channel to be provided under the Rules pending finalization.

(3.) It is relevant to mention that a week before the learned Tribunal passed the judgment, Rajasthan Women & Child Development (State & Subordinate) Service Rules, 1998 ("Rules, 1998") were notified in Rajasthan Gazette on 18/07/1998, which appears to have not been in the knowledge of either of the parties while the appeal was being disposed of on 27/07/1998.