RIKHAB RAJ KUMBHAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD Mr. Singhvi for the petitioner and Mr. R. P. Dave for respondents No. 2 and 3. The petitioner after his retirement on 31. 12. 1988 as Dy. Registrar (Admn.) has filed this writ petition on 15. 3. 1990 to direct the respondents to fix the pay of the petitioner on the post of Addl. Registrar with effect from 30. 8. 1988 in the old pay-scale of Rs. 2750-5000 which has been given to Deputy Registrar (Judl.) and, thereafter with effect from 1. 9. 1988 in the pay-scale of Rs. 4500-5700 of the Rules of 1989 which has been given to Addl. Registrar (Judl.) with all consequential benefits. A further prayer for direction to be issued to respondents directing them to change the nomenclature and grade of the post of Deputy Registrar (Admn.) equivalent to that of Addl. Registrar (Judl.) with effect from 30. 8. 1988 has also been made.

(2.) THE petitioner entered in the service of the Rajasthan High Court in October 1951. He was promoted to the post of Deputy Registrar in officiating capacity by order dated 19. 1. 1988 (Annex. 1 ). He retired as Deputy Registrar on 31. 12. 1988. According to the petitioner there were 7 posts of Deputy Registrar in the High Court, 2 posts of Deputy Registrar has to be filled up from among the members of the Rajasthan Judicial Service of the rank of Chief Judicial Magistrate and that these posts were designated as Deputy Registrar (Judl.) and remaining 5 posts were to be manned by members of the staff of the High Court designated as Deputy Registrar (Admn. /protocol ). It is the case of the petitioner that pursuant to the judgment of this Court in the writ petition filed by Rajasthan Judicial Service Officers Assocn, the State of Rajasthan introduced following four time- scales of pay for the members of the Rajasthan Judicial Service with effect from 13. 8. 1987: (a) Ordinary Scale 1720-3350 (b) Senior Scale 2540-3900 (c) Selection Scale 2975-4700 (d) Super-time Scale 3900-5300

(3.) IN view of the above revision, the petitioner made a representation on 9. 11. 1989 to respondent No. 3 for removal of the disparity in the category of Deputy Registrars in regard to pay and grade by changing the nomenclature of the posts of Deputy Registrar (Admn.) to Addl. Registrar (Admn.) with effect from the date the post of Deputy Registrar (Judl.) has been changed. On 8. 1. 90, the petitioner received a reply from respondent No. 2 that the matter was under consideration of the Government. IN the aforesaid circumstances, the writ petition was filed. Alongwith the writ petition, the petitioner placed on record Annex. 1 to 4.