MATADIN SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner was initially appointed as Carpenter in Public Works Department in December, 1969 on daily wages, and was declared semi permanent w. e. f. 6. 12. 1971 with the recommendation to place him in the pay scale of Rs. 130-300, but before the action could be taken his service were terminated. THE petitioner contested the termination by raising Industrial Dispute and was successful in getting the award passed in his favour dated 15. 2. 75, when his termination of service was held to be illegal. THE petitioner was allowed on join the duties on 18. 2. 75 in the office of Asstt. Engineer, Public Works Department (B&r), City Sub Division, Jaipur.

(2.) IT is the contention of petitioner that he was, though, semi permanent from 6. 12. 1971, but he was not given the scale of Rs. 130-300, but rather an order was passed for fixing his pay scale as Rs. 100-180 vide annexure-3. The petitioner states that he was declared semi permanent on 6. 12. 71 and in supersession of earlier order dated 6. 8. 77, he was given the pay scale Rs. 100-180. The petitioner being aggrieved against such an action issued a notice to respondents stating therein that he has been discriminated when similarly situated persons had been granted the pay scale of Rs. . 130-300 and relies on a judgment of this court dated 3. 7. 97 in case of Satya Narayan vs. State of Rajasthan (1), wherein it was held that such Carpenter was entitled to the declared as semi permanent after completing two years of service and was granted the scale of Carpenter Gr. I.

(3.) THE writ petition is accordingly allowed. .