SHYAM KUMAR SAINI SON OF GOVIND RAM SAINI Vs. STATE OF RAJASTHAN THROUGH PRINCIPLE SECRETARY FINANCE, GOVERNMENT SECRETARIAT

JUDGEMENT

(1.) The petitioner has challenged the order dated 11.7.2014 and subsequent orders dated 28th July, 2014 and 30th July, 2014 whereby his salary has been reduced. After his retirement, his pay fixation has already been done revising his pay and recovery orders have been issued on the ground that the petitioner has been treated to be promoted from Class-IV employee to the post of LDC and the earlier selection scales granted to the petitioner as LDC on completion of 9, 18 and 27 years of service have been objected to by the Pension Department.

(2.) Counsel for the petitioner states that firstly, no notice or opportunity of hearing was given to the petitioner before revising his pay and allowances; secondly, on merits the revision of pay was unjustified and illegal.

(3.) There is no regular line of promotion of a Class-IV employee to the post of LDC. The selection on the post of LDC is in terms of by Civil Services Rajasthan Civil Services Ministerial Staff Service Rules 1957/1999 wherein there is a quota provided for class-IV employee earlier for selection to the post of LDC. In the circumstances, holding of the petitioner as class-IV employee earlier had no consequence for the purpose of grant of selection scale on completion of 9, 18 and 27 years of service as LDC and the benefit which had already granted to the petitioner could not have been withdrawn.