RAM PRASAD Vs. STATE

JUDGEMENT

(1.) By these writ petitions, a challenge is made to the orders whereby a claim for grant of particular pay scale on completion of 18 and 27 years of service has been declined. Learned counsel for petitioners submits that as per circular dated 25.01.1992, an employee completing 9, 18 and 27 years of service is entitled to the selection scale if first, second and third promotions are not given. The petitioners had completed 18 and 27 years of service and were allowed benefit of selection scale but pay scale given therein is in violation of circular. They are entitled to the pay scale of 5500-9000, whereas pay scale of 3050-4590 was allowed to them. The similarly placed employee has been given pay scale of 5500-9000 in view of the judgment in S.B. Civil Writ Petition No. 2135/2005, Satya Narayan Sen vs. The State of Rajasthan & Ors., decided on 05.11.2008 and as upheld by the Division Bench in D.B. Civil Special Appeal (Writ) No. 710/2010, decided on 9th February, 2011. The SLP to the Hon'ble Supreme Court was dismissed in limine. In view of the above, petitioners are also entitled to the pay scale of 5500-9000.

(2.) I have considered the submission made by learned counsel for petitioners and perused the record.

(3.) It is not in dispute that petitioners are entitled to the benefit of second and third selection scale on completion of 18 and 27 years of service but the real dispute is regarding pay scale. They have been awarded pay scale of 3050-4590 on completion of 27 years of service keeping in mind Paras 4 and 5 of the circular dated 25.01.1992, which are quoted hereunder for ready reference: