LAL MOHAMMAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this writ petition, the petitioner has prayed that the impugned order dated 28. 4. 2004 (Annexure 4) may be quashed and set aside.

(2.) BRIEF facts, giving rise to the instant petition, are that on 1. 8. 1993, the petitioner entered in the service of the respondent-department, being surplus from the General Administration Department (GAD ). In the year, 1986, the respondent-department published a seniority list of technical employees of Deedwana Division dated 31. 3. 1985 (Annexure 1), in which name of the petitioner was shown as Helper at Serial No. 5. Again, vide office order dated 22. 6. 2001 (Annexure 2), a provisional seniority list of regular employees was issued, in which also, the petitioner was shown as Helper. It was also mentioned in the aforesaid order that if any employee has any objection with regard to the said provisional seniority list (Annexure 1), he can send the representation along with the concerned service record within fifteen days. It is further averred by the petitioner that he was regular employee of the respondent-department (PHED) and was performing the duty of Helper, so he was given the pay scale of Rs. 2450-310. But, later on, the Department itself realized that since the petitioner is a regular employee of the department, he should be given the pay scale of Rs. 250-360 in place of the pay scale of Rs. 245-310, therefore, the office order dated 13. 3. 1991 (Annexure 3), granting the aforesaid pay scale (Rs. 250-369) to the petitioner was issued.

(3.) IT is further submitted by the learned counsel for the petitioner vide order dated 13. 3. 1991 (Annexure 3), the petitioner has been granted regular pay scale as Helper, but in the year, 2004, without any basis, the petitioner has been reverted to Class IV employee.