STATE OF RAJASTHAN Vs. CHIRANJI LAL

JUDGEMENT

(1.) The judgment and order dated 23.8.2005 passed in S.B.Civil Writ Petition No.3080/2004 instituted by the respondent herein is in assailment in the present appeal. By the decision impugned, the appellants had been directed to fix the pay of the respondent in the pay scale No.8 i.e.4000-4500 of Carpenter Grade-I with effect from 4.6.1985 with all consequential benefits. He had been further held entitled for an amount of Rs.2,000/- as costs.

(2.) We have heard Mr.Kanishk Gupta appearing on behalf of Mr.Sushil Sharma, Additional Advocate General for the appellants and Mr.R.P.Garg, learned counsel for the respondent.

(3.) In bare essentials, the facts necessary for the present adjudication, are that the respondent, who was initially appointed as Beldar in the Public Works Department of the State (hereinafter referred to as 'the department') on 18.10.1973, was conferred semi-permanent status with effect from 7.10.1975, whereafter he had been promoted as Carpenter Helper Grade-I vide order dated 4.6.1985. According to the respondent, alongwith him, one Shri Suresh Chand was also promoted with the same scale of pay i.e.370-530, as that of his, and though he (respondent) used to receive Rs.395/- per month, Shri Suresh Chand was accorded Rs.375/- per month. The grievance of the respondent in the writ proceedings was that though Shri Suresh Chand was junior to him in service and had been receiving a lesser pay than him, was thereafter favoured with higher pay scale of 4000-4500, and he (respondent) was retained in the pay scale of 2750-4400. Citing the instances of other incumbents, namely, Smt.Rina Malik, Shri Pawan Kumar Jain, Smt.Kamla Devi etc., who were similarly junior to him in service, but were sanctioned a higher pay scale, he sought for writ of mandamus to be provided with the same pay scale of 4000-4500 with effect from 4.6.1985 i.e. the date of his promotion as Carpenter Helper Grade-I.