RAVI KUMAR SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this writ petition under Art. 226 of the Constitution of India, the petitioners who are working as Artists in the Department of Agriculture, Government of Rajasthan being aggrieved by the pay scale in which they are presently placed have assailed the impugned order dated 8.9.1993 (Annexure-9) issued by the State Government on the ground of denial of the parity in the matter of pay scales with that of similarly placed Artists, working in the Department of Public Relations of the State of Rajasthan who are getting the benefit of higher pay scales.

(2.) The grievance of the petitioners in short is that they have been working as Artists in the Department of Agriculture, Government of Rajasthan and they are aggrieved by the pay scales in which they are presently working on the grounds inter alia that they have been discriminated qua similarly placed artists, who are performing similar functions and duties in the Department of Public Relations, Government of Rajasthan and who are enjoying the benefit of higher pay scales despite that fact that the petitioners, who are similarly placed artists performing same nature of duties and responsibilities in the Agriculture Department of the State have been discriminated in the matter of pay scales and other benefits, which according to them is clearly in violation of the provisions of Articles 14 and 16 read with Art. 39(d) of the Constitution of India.

(3.) The petitioners have further contended that they were appointed as Artists by way of direct recruitment under Rajasthan Agriculture Subordinate Service Rules, 1978 "for short the Rules 1978" vide orders dated 16.10.1990 and 17.7.1992 respectively. The petitioners were holding the posts of Artists in substantive capacity and by way of illustration, the petitioners have prepared a statement showing their duties in terms of their appointment, qualification and present place of posting vide Schedule-A on the record. The petitioners have further contended that there is absolutely no difference in the matter of their duties, responsibilities, and educational qualifications, therefore, there should be no disparity in the matter of pay scales qua the similarly placed artists in the Public Relations Department of the State Government.