SOBHAG CHAND MATHUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Eight writ petitions were decided by the learned Single Judge on 16th Feb., 1996. These three appeals directed against the aforesaid judgment dated 16th Feb., 1996 arise out of the writ petitions Nos. 2314/83, 2315/83 & 2136/83 as had been filed by Sobhag Chand Mathur, Shyam Sundar Sharma and Ghanshyam Upadhyay respectively. Wheras all these three appeals are directed against the common judgment and order and involved common question based on identical facts, we propose to decide all these three appeals by a common judgment and order as under:

(2.) The appellants herein were working as Wool Graders in the pay scale of Rs. 130-300 with special pay of Rs. 20.00 in the Sheep & Wool Department with effect from 7.2.1996. They were later on confirmed and after their confirmation they were declared surplus to the requirement of Sheep & Wool Department vide order dated 4.1.73 as the posts of Wool Graders stood abolished. At the time, when they were declared surplus, they were drawing basic pay Rs. 170.00 in the pay scale of Rs. 130-300 and Rs. 20.00 as special pay. All these three appellants were then absorbed in the Food Department as Enforcement Inspectors vide order dated 29th March, 1973 with effect from 21st March, 1973. At that time, pay scale of the post of Enforcement Inspector was Rs. 150-330. On absorption, their pay was fixed by order dated 16th Aug., 1973 with effect from 22nd March 1973 at basic pay Of Rs. 174/k and Rs. 116/- as personal pay. In this order dated 16th Aug. 1973, It was specifically mentioned that these employees had drawn special pay for a period of two years In the Sheep & Wool Department and therefore they were entitled to the personal pay as mentioned against each of their names In accordance with Rule 20-B of Rajasthan Services Rules. This personal pay shall be adjusted against future Increment and next increment date would' be counted from the date of taking charge of this department after one year as an absorbed employee as is mentioned In Rule 31 of RSR. It may be mentioned that in this order dated 16th Aug., 1973, there was no mention of the order of Finance Department (Ex Rules) which was Issued on 30th Nov., 1962 and In which reference for the purpose of fixing pay was made to rule 26-B of RSR. However, an order was issued on 27th May, 1977 stating therein that earlier orders with regard to fixation of pay of these employees under rule 26-B of RSR had been Issued but In accordance with the opinion received from the Finance Department, their fixation was wrong and therefore the same is set aside and fixation of these employees were revised with reference to Finance Department order and now fixed at the basic pay of Rs. 166/- with personal pay of Rs. 4/-. Thus, they were put to a loss of Rs. 20.00 per month in the matter of fixation of pay. The relevant portion of the order of Finance Department dated 30th Nov 1962 is as under:

(3.) The employees-appellants represented against the order dated 27.5.1977 and they were informed vide letter dated 22nd July, 1981 by the Additional Food Commissioner that according to the opinion of Finance Department the fixation of pay as was made on 27.5.77 was correct and no amendment order was required to be passed and thereafter the appellants preferred appeals before the Rajasthan Civil Services Appellate Tribunal in Sept., 1981 and their appeals i.e. Appeal No. 654/81 filed by Sobhag Chand Mathur, Appeal No. 647/81 filed by Shyam Sunder Sharma and Appeal No. 664/81 filed by Ghanshyam Upadhyay were decided by a common judgment and order dated 19.2.1982. The Tribunal allowed their appeals and quashed the orders dated 27.5.77 and 22.7.81 to which we have already made a reference hereinabove. The Tribunal also directed the respondents to fix the pay of the appellants in accordance with the order dated 16.8.1973 and pass necessary orders in this regard within a period of two months. This order dated 19th Feb., 1982 as was passed by the Rajasthan Civil Services Appellate Tribunal was challenged by way of filing eight writ petition by the State before the Court and all these eight writ petitions were decided by a common judgment and order dated 16th Feb., 1996 whereby the writs filed by the State were allowed and the order passed by the Tribunal was quashed and set-aside. The present appellants were the respondents in the respective writ petitions. Aggrieved from the order dated 16.2.96, these three employees have filed the present appeals.