STATE OF RAJASTHAN Vs. RAJASTHAN VIDHI SEVA SANGH

JUDGEMENT

(1.) THIS special appeal is at the instance of the State Government taking exception to the judgment dated 8t September, 1992 passed by the Single Judge in Writ Petition filed by the present respondents. For the sake of convenience we shall refer to the present appellants, "the Government" and the present respondents "the petitioners. "

(2.) THE petitioners prayed in the writ petition that the Government be directed to give pay scale of 860-1750 to the Legal Assistants and pay scale of 1000-1860 to the Head Legal Assistants with effect from 1st September, 1981.

(3.) TREATING the post of Legal Assistant to be a post in a subordinate service, the Single Judge was of the view that it should be considered as the highest post in the subordinate service and should be treated at par with the post in the subordinate service carrying the highest pay scale. According to the Single Judge the post of Legal Assistant should have been in the pay scale No. 14 (2000-3200) as was for the other posts like Police Inspector, Assistant Accounts Officer, Assistant Research Officer, Program Computer who have been carrying the pay scale No. 14. In the opinion of the Single Judge since the post of Head Legal Assistant was a post two pay scales higher than that of Legal Assistant, the post of Higher Legal Assistant should be in the pay scale No. 16 (2200-4000 ).