NARPAT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioners are Mistris, on workcharge basis having been appointed under the provisions of Rajasthan Public Works Department (B&r) Gardens, Irrigation, Public Health & Engineering and Ayurved Workcharge Employees Service Rules, 1964 (hereinafter called `workcharge Rules' ). THE petitioner No. 1 Narpat Singh was appointed in the year 1969, whereas all other petitioners were appointed on various dates in the year 1970 to 1978, as detailed in Schedule-A attached to the writ petition. Some of the petitioners were made permanent vide Annexure-1 after completing ten years of service.

(2.) THE post of Mistry has been encadred in Rajasthan Engineering Subordinate Service (Irrigation Branch) Rules, 1967 (hereinafter called as "rules, 1967") and the work of mistry is being done both the Mistris appointed under `rules, 1967' and `workcharge Rules'. THE duties and the work is similar. Right from 1981, the Mistris appointed in Irrigation department either under `workcharge Rules,' or `rules, 1967' were getting same pay scale No. 6 i. e. Rs. 295-500. THE pay scale of Mistris under both the Rules was revised in the year 1983 w. e. f. 1. 9. 81 vide Rajasthan Civil Services (Revised Pay Scale) Rules, 1983 from Rs. 290-500 to Rs. 420-740, as they were so equated from the very first date of their appointment.

(3.) THE representations were made out without any result and ultimately the present writ petition has been filed with the prayer for fixing the scale of petitioners in the same pay scale as was being paid to Mistris appointed under `rules, 1967' vide Rajasthan (Revisionpay Scales) (Ist Amendment) Rules, 1998.