ASHA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioners were employed as Vaccinator as a consequent to the process of regular selection by an order dated 27.08.1979 passed by the Deputy Chief Medical and Health Officer, Nagaur. The post of Vaccinator came to be re- designated as Multipurpose Worker under an officer order dated 14.12.1982. By an order dated 24.06.1994, the Chief Medical and Health Officer, Nagaur allowed first selection grade to the petitioners, i.e. of Rs.975-1720 (pre-revision). On completion of 18 years of service, second selection grade was allowed to them vide the order dated 11.01.1999 with effect from 23.08.1997 and fixation of the petitioners' pay was made in the pay scale of Rs.4000-6000.

(2.) AN order dated 18.01.2006 then was passed withdrawing the pay scale of Rs.4000-6000 granted to the petitioners under the order dated 11.01.1999. While withdrawing the pay scale aforesaid, direction was given to fix the pay of the persons effected in the pay scale of Rs.3400- 5200. A direction was also given to effect recovery from pay of such persons pertaining to the amount said to be paid in excess. Being aggrieved by the same, this petition for writ is preferred.

(3.) PER contra, as per the respondents, the pay scale pertaining to the post of Multipurpose worker was Rs.950-1680 (pre-revision) and 3050-4590 (post-revision). Under the Rajasthan Civil Services (Revised Pay Scale) Rules, 1996, the first selection grade prescribed was of Rs.975-1720 and corresponding pay scale to that is of Rs.3200-4900. The second selection grade too is of Rs.975-1720 with a corresponding pay scale of Rs.3200-4900, as such the pay scale of Rs.1200-2050 (Rs.4000-6000 ­ post revision) was erroneously given to the petitioners. It is further submitted that the first selection grade and second selection grade being in the same pay scale, the pay scale of Rs.1025-1800 (Rs.3400-5200 ­ post-revision) was given to the petitioners under the impugned order dated 18.01.2006. It is asserted that by the order dated 11.01.1999, fixation of the petitioners was made in a higher pay scale than the prescribed, therefore, to rectify the error the order impugned was passed.