F.C. PURI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a writ petition under Article 226 of the Constitution by on Shri F.C. Puri, an Assistant Director in the; Forensic Science Laboratory at Jaipur in the questioned Documents Section, for an appropriate writ, direction or order. He prays that a portion of Rule 6 of the Rajasthan Civil Services (New Pay Scales Rules, 1969, as also certain remarks appearing In Columns 4, 5, and 6, respectively of the Schedule I to these Rules be struck down being violative of Articles 14 and 16 of the Constitution.

(2.) THE petitioner applied for the post of Assistant Director, Forensic Science Laboratory, Rajasthan in the questioned Documents Section in pursuance of an advertisement issued by the Rajasthan Public Service Commission on 7 -1 -60. It was mentioned in the advertisement that 5 posts of Assistant Directors in the scale of pay Rs. 200 -15 -275 -20 -375 -EB -25 -600 were to be filled in the qualifications prescribed were, besides the age for which there is no dispute, M.Sc. in Physics or Chemistry in the second Division and training in Photography; or Photomicrography and training in examination of questioned documents and forged currency notes in some Government Laboratory. It was however, mentioned that age and other qualifications could be relaxed by the Commission in its discretion in the case of candidates who were otherwise well qualified or for departmental candidates under exceptional circumstances the petitioner was a Bachelor of Science with Physics and Mathematics and therefore, it appears that the Commission in the exercise of their discretion relaxed the academic qualifications and then recommended the petitioner for appointment. By an order of the Government dated 20 -5 -61 the petitioner was appointed as Assistant Director, Forensic Science Laboratory in the questioned Document Section on probation for one year. He was confirmed on the post by an order dated 2 -5 -61 on successful completion of the probation period there was a revision of pay scales in Rajasthan generally on the promulgation of the Rajasthan Civil Services (Revised Pay) Rules, 1961, hereinafter to be referred as the '1961 Rules' and accordingly the pay grade of an Assistant Director in the Forensic Science Laboratory came to be revised to Rs. 225 -15 -270 -20 -390 -25 -640 with effect from 1 -9 -61 the petitioner got his pay slip in the revised pay grade on 9.1.63.the 1961 Rules were amended in 1965 by a Government notification dated 11.6.65 as a result thereof the pay grade of an Assistant Director, Forensic Science Laboratory came to be revised to Rs. 360 -25 -560 -30 -590 -EB -30 -860 -900 with a minimum start of Rs. 435/ - In accordance with the aforesaid amendment of 1961 Rules the petitioner was issued a revised pay slip by the Accountant General on 9 -7 -65 effective from 1 -6 -65.the Government then appointed a Pay Commission known as 'Ranawat Pay Commission' for a thorough examination of the existing pay structure of all the employees of the Rajasthan Government and to propose revision of pay Scales. On 1.7.68, the Ranawat Pay Commission submitted its report regarding the revision of pay grades to the Government the petitioner claims that the Ranawat Pay Commission recommended pay grade of Rs. 700 40 -1100 -50 -1200 for Assistant Director in the Forensic Science Laboratory the petitioner proceeds to state that the State Cabinet accepted the recommendations of the Ranawat Pay Commission and accordingly it had accented the proposal for revising the pay grade of on Assistant Director in the Forensic Science Laboratory to Rs. 700 -1200. According to the petitioner, this revised pay grade was to be allowed to the incumbents irrespective of their academic qualifications. However, when effect was sought to be given to the Government decision accepting the recommendations of the Ranawat Pay Commission and the Rajasthan Civil Service (New Pay Scale) Rules, 1969, hereinafter to be. referred as the '1969 Rules' there was a departure from the Cabinet decision and the impugned provisions were made in the Rules. I may here read the relevant provisions of the 1969 Rules.

(3.) RULE 1 contains the short title. Rule 2 lays down the categories of Government servants to whom the Rules apply. Rule 3 vests power in the Governor to order relaxation of Rules and it runs as follows: Rule 3. Relaxation of rules Where the Governor is satisfied that the operation of any of these rules undue hardship in any particular case, he may, by order, relax the requirements of that rule to such extent and subject to such conditions as he may consider necessary for dealing with the case in a just and equitable manner. Rule 4 is about interpretation. Rule 5 contains certain definitions. Rule 6, the portion of which is under challenge in the present writ petition, runs as follows: Rule 6 Drawal of Pay in New Pay Scales. -