SIRAJUDIN Vs. THE STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) BEING appointed as Mechanic (Instrument Repair) vide order dated 31.12.1970, fixation of the Petitioner's pay was made in the pay -scale of Rs. 100 -180. The Petitioner after serving the Respondents for substantial term noticed that the pay -scale applicable for the post of Mechanic (Instrument Repair) at the time of his initial appointment was of Rs. 120 -240, thus, to claim fixation in the pay -scale aforesaid he submitted a representation to the competent authority. An appeal then was preferred by him before the Rajasthan Civil Services Appellate Tribunal, Jaipur, to claim for fixation of his pay in the pay -scale of Rs. 120 -240, on the date of his initial appointment and further fixation in corresponding pay -scale thereto. During pendency of the appeal, vide notification dated 7.8.2002, the Governor of Rajasthan while exercising powers under proviso to Article 309 of the Constitution of India made an amendment with the Rajasthan Civil Services (New Pay -scales) Rules, 1969 (for short 'the Rules of 1969' hereinafter) substituting the pay -scale of Rs. 100 -180 in place of the pay -scale of Rs. 120 -240 for the post of Mechanic (Instrument Repair). Learned Tribunal in view of the pay -scale prescribed as a consequent to the amendment introduced vide notification dated 7.8.2002, rejected the appeal preferred by the Petitioner.

(2.) BY this petition for writ, the Petitioner is questioning validity of the judgment passed by the Tribunal dated 14.10.2008 and also the notification dated 7.8.2002 making amendment in the pay Rules of 1969.

(3.) THE contention is substantiated by placing reliance upon the judgment of the Hon'ble Supreme Court in State of Gujarat v. Raman Lal Keshav Lal Soni, reported in : 1983 Lab. I.C. 391. Reliance is also placed by learned Counsel upon the judgments of Hon'ble Supreme Court in Ex. Capt. K.C. Arora and Anr. v. State of Haryana and Ors. : AIR 1987 SC 1858), R.S. Ajara and Ors. v. State of Gujarat and Ors. ( : 1997(3) SCC 641.