STATE OF RAJASTHAN Vs. BHANWAR LAL VERMA

JUDGEMENT

(1.) The appellants (original-respondents) have challenged the legality and validity of the common order dated 1.9.2009 passed by the learned Single Judge in S.B. Civil Writ Petitions No. 5390/1995 and 557/1997 allowing the said petitions, by setting aside the order changing the nomenclature of the post of Mistry to Biogas Mistry, and the orders of recoveries issued against the respondents (original-petitioners). The short facts giving rise to the present appeals are that the present respondents (original-petitioners) were appointed initially on the post of Mistry purely on temporary basis, under the Bio Gas Scheme which was sponsored by the Central Government. The said project was funded by the Central Government and the petitioners were appointed in the pay scale of Rs. 440-770 by the different orders issued in different years, which were extended from time to time. The said pay scale of Rs. 440-770 was also revised to Rs. 610-1090 in the year 1983 and again revised in the year 1986 in the pay scale of 1120-2050. The said scale was again revised under the Rajasthan Civil Services (Revised Pay Scale) Rules, 1989. However, there being anomaly in the Pay Scales, the matter was referred to the anomaly committee for necessary rectification. Accordingly, the amendment in the Pay Scale Rules, 1989 was made by way of amendment Rules of 1992. As per the said amended Rules 1992, the Pay Scale of Mistry was made as Rs. 1400-2600 and the petitioners were also given the benefit of fixation of revised pay scale of Mistry. It further appears that since the said Biogas Scheme had come to an end, the petitioners were declared surplus and sent to GAD for absorption. They were absorbed also and they had also availed the benefit of selection grade on completion of their nine years of service. Thereafter, though there was no post of Mistry Grade-I existing, the appellants (original respondents) issued an order dated 9.11.1995 changing the nomenclature of the post of Mistry Grade-I to Biogas Mistry and further issued order dated 10.11.1995, refixing the pay scale of the petitioners in the pay scale of Rs. 1200-2050 with retrospective effect. The appellants also issued recoveries orders against the respondents, who were given the benefit of pay scale of Rs. 1400-2600. The said action of the appellants (original respondents) in changing the nomenclature vide order dated 9.11.1995 and in refixing the pay scale of the petitioners in the pay scale of 1200-2050 with retrospective effect, and in passing the orders of recoveries against the petitioners were challenged in the above mentioned writ petitions.

(2.) The said petitions were contested by the appellants by filing the reply contending inter alia that initially the appointments were given to the petitioners only on temporary basis under Biogas Scheme sponsored by the Central Government and that the said petitioners did not possess the qualification for the post of Mistry as prescribed in Rajasthan Subordinate Service Rules. It was also contended that the State Government was not under any obligation to give the regular pay scale of Mistry Gr. I to the petitioners, more particularly when their appointments were not on substantive posts and that there was no illegality committed by the respondents in changing the nomenclature for the post of Mistry and in placing the petitioners in the pay scale of 1200-2050 on the post of Bio Gas Mistry.

(3.) The learned Single Judge considering the submissions made by learned counsel for the parties, allowed the said petitions as stated hereinabove and being aggrieved of the said order the appellants (original-respondents) have preferred these present intra Court appeals before this Court.