STATE OF RAJASTHAN Vs. KAUSHAL SINGH RATHORE

JUDGEMENT

(1.) THE State Government through Secretary, Department of Education and the Secretary, Department of Finance have preferred this appeal aggrieved by the order dated 8th April, 2004 passed by the Single Judge whereby he allowed the writ petition filed by the present respondents and directed the appellants herein to comply with the recommendations of the Beri Commission as approved by the Committee of Secretaries.

(2.) THE short question that requires to be considered by us in this appeal is whether the direction issued by the Single Judge to the present appellants to comply with the recommendations of Beri Commission as approved by the Committee of Secretaries is legally sustainable. In other words, can a mandamus be issued by the Court as has been done by the Single Judge directing the compliance of recommendations of a Commission recommending the pay scale to various categories of employees in the State of Rajasthan.

(3.) THE Single Judge while allowing the writ petition of the petitioners noticed that since the state accepted the recommendations of the Beri Commission and that the Committee of Secretaries (for short, `cos') examined the Beri Commission's report and gave their suggestion and the same have been implemented, however, the state has not disclosed what were the Beri Commission recommendations and approved by the COS and, therefore, the state government must comply with the recommendations of the Beri Commission as approved by the COS. While directing so, the Single Judge relied upon the decision of the Supreme Court in the case of Purshottam Lal and other vs. Union of India and another, AIR 1973 SC 1088.