DAMODAR MISHRA Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) Through the instant writ petition, the petitioner is seeking direction for grant of regular increments in the pay scale which were due in the year 1997, 1998, 1999 & 2000. He has also sought payment of pension/gratuity and commutation on the basis of last pay drawn on 29.04.2001 after granting the usual increments.

(2.) The petitioner was serving as Additional District Judge in the cadre of Rajasthan Higher Judicial Service in the pay scale of 5100-150-5700-200-6300 which was subsequently revised to 16400-450-20000 (annual increment Rs. 450) w.e.f. 01.09.1996 in accordance with Rajasthan Civil Services (Revised Pay Scales) Rules, 1998. The petitioner was given an option to join as President, District Consumer Forum, to which he consented and joined as such on 30.04.1996. The petitioner superannuated from the Rajasthan Higher Judicial Service on 30.09.1996. However, as the appointment of the President of the Consumer Forum is for a term of 5 years or upto the age of 65 years, whichever is earlier, he continued to work as such till 30.04.2001.

(3.) Learned counsel for the petitioner has contended that the petitioner was entitled to the increments in the pay scale of the Additional District Judge even while he was serving in the Consumer Forum even though he may have reached the age of superannuation in the Rajasthan Higher Judicial Service. He has drawn attention of this Court to Rule 3 (6) of the Rajasthan Consumer Protection Rules, 1987 (hereinafter referred to as "the 1987 Rules") wherein it is mentioned that the terms and conditions of the service of the President of the District Consumer Forum cannot be varied to his disadvantage during the tenure of office. He has further submitted that in terms of Rule 29 of the Rajasthan Service Rules, 1951 (hereinafter referred to as "the 1951 Rules") increments are to be drawn as a matter of course unless they are withheld by the competent authority. In support of his submissions the learned counsel has relied upon the judgment of the Kerala High Court in the case of State of Kerala v. Govindan Kutty,1999 3 ILR(Ker) 376, judgment of Division Bench of the Delhi High Court in the case of R.N. Mittal (Mr. Justice) (Retd.) v. Government of NCT of Delhi, 1999 78 DLT 849, judgment of the Hon'ble Supreme Court of India in the case of D. S. Nakara v. Union of India, 1983 AIR(SC) 130, judgment of single Bench of this Court at the Principal Seat, Jodhpur in S.B.CWP No. 3834 of 2001 (Amarnath Purohit v. State of Rajasthan decided on 13.02.2015), and the judgment of a Full Bench of this Court in F.B. (DB) Civil Special Appeal (Writ) No. 796 of 1997 (State of Rajasthan v. Shyam Sunder Gupta, 2003 LabIC 3351 decided on 07.04.2003).