JASWANT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioners for following reliefs:

(2.) THE case of petitioners is that they are entitled for benefit of Revised Pay Scale Rules, 1998 and though respondent No. 3 after considering the claim of petitioners for grant of revision of pay scale in accordance with Rules of 1998 recommended the case to the State Government for approval but vide Annex.14 the Joint Registrar (consumer) has passed an order dated 2.2.2006, whereby he has restrained the respondent No. 3 to grant benefit of revision of pay scale to the petitioners. Similarly, vide Annex.5 dated 10.3.1999 a restriction was imposed to grant revision of pay scale to employees of the Bhandar and it is ordered that without any approval no revision of pay scale shall be allowed to the Cooperative Societies which are Commercial Establishments.

(3.) AS per petitioners, the benefit of Revised Pay Scale Rules have been extended to many cooperative bodies including RSRTC, Vidhyut Vitran Nigam, RTDC though they are continuously sustaining losses but the case of petitioners is altogether different because financial condition of respondent No. 3 is upto the mark, therefore, petitioners, who are employees of Bhandar are entitle for grant of benefit of Revised Pay Scale Rules, 1998 but Joint Director (Consumer) vide annex.14 without assigning logical reasons declined to approve the benefit of pay scale as per Revised Pay Scale Rules, 1998, therefore, action of denial of respondent is arbitrary hence it is violative of Article 21 of the Constitution of India.