DINESH KUMAR GUPTA Vs. STATE

JUDGEMENT

(1.) INSTANT petition has been filed by petitioner, who is working as Lab Assistant, assailing notification dated 7th August, 1998 [Ann. 4] issued by Government in exercise of powers conferred by proviso to Article 309 of Constitution of India making amendment in Rajasthan Civil Services [Revised Pay Scales] Rules, 1998.

(2.) PETITIONER initially joined service as Lab Assistant in Sanskrit Education department and still he is holding the post on which he initially joined service. State Government under its notification dated 7th August, 1998 revised pay scales in education department and so also in Sanskrit Department. Prior to the impugned notification there was a common pay scale for persons who are working in the respective departments on the post of Teacher Gr. III, Librarian Gr. III & Lab Assistant, but under the impugned notification w.e.f. 1st September, 1996 pay scale of Teacher Gr. III/Librarian Gr. III was revised from 4000 -6000 to 4500 -7000 (9A) and so far as post of Lab Assistant is concerned, they continued in the pay scale of 4000 -6000 and no revision in their pay scale has taken place under impugned notification.

(3.) RESPONDENTS have filed reply to the writ petition wherein it has been averred that petitioner is a member of department of Sanskrit Education and no absorption of Lab Assistant atleast in their department on the post of Teacher Gr. III has ever taken place. As such, the very premise on which the petitioner has submitted about persons who are similarly situated being discriminated in the facts of instant case does not arise.