GANPAT MAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed for directing the respondents to fix the petitioner's salary as Motor Vehicle Inspector in the pay scale 640-1180 (No. 12) with effect from Sept. 1, 1981 and accordingly in the subsequent revised pay scales and to pay the arrears with interest @ 18% p.a. In the alternative, it has been prayed that the two scales i.e. No. 10 and 12 provided for Motor Vehicle Inspector in Rajasthan Civil Services (Revised Pay Scales) Rules, 1983, 1987 and 1989 be declared illegal and it may be declared that all the Motor Vehicle Inspectors are entitled for higher pay scale No. 12.

(2.) The petitioner's case is that he was appointed as a lower division clerk in the Transport Department of the Government of Rajasthan in the year 1952. In the year 1966, he was promoted to the post of Motor Vehicles Sub-Inspector. In the year 1975 he obtained certificate (Annexure 1) from the Industrial Training Institute, Ajmer in the trade of motor mechanic. In Feb., 1975, he was promoted to the post of Motor Vehicles Inspector. Rajasthan Civil Services (Revised Pay Scales) Rules, 1983 were promulgated with effect from Sept. 1, 1981. In them, two pay scales were provided for the post of Motor Vehicle Inspector viz., 640-1180 (No. 12) and 610-1090 (No. 10). The petitioner's pay was fixed in the pay-scale of Rs. 610-1090 (No. 10) and not in Rs. 640-1180 (No. 12). The pay-scale Rules were subsequently revised in the years 1987 and 1989. On account of fixation of his pay in the pay scale No. 10, his pay was fixed at lower amounts in the subsequent revised pay scales. He has retired from the service with effect from June 30, 1988.

(3.) In reply, it has been averred by the respondents that the petitioner was not possessing the required qualification as provided under the Rajasthan Civil Services (Revised pay scales) Rules, 1983 and, therefore, he was not granted pay scale No.12.