LOKESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this joint writ petition, the petitioners are seeking relief for the grant of pay-scale of Rs. 470-830 under the Pay Scales Rules of 1976 and promotion from the date the petitioners completed one year of service in the work-charged cadre or in the regular cadre on the post of Assistant Driller.

(2.) ACCORDING to facts of the case set out in the writ petition, vide order Annex.-1 dated 3. 6. 1980, petitioners No. 1 to 15 were appointed to the post of Assistant Driller in the pay-scale of Rs. 295-500 on work-charge basis. Vide order dated 17. 11. 1980, pay-scale of Rs. 385-650 was allowed to them with effect from 1. 11. 1980. By another order dated 6. 1. 1982, all the petitioners in the writ petition, were employed as Assistant Drillers in the pay-scale of Rs. 385-650 and thus all the petitioners happened to be on the regular cadre of Assistant Driller with effect from 6. 1. 1982. It is submitted in the writ petition that this appointment was made in accordance with the Rajasthan Subordinate Engineering Service (Public Health Division) Rules, 1966 after due selection.

(3.) IT is vehemently submitted by learned counsel for the petitioners that the order dated 13. 1. 1994 (Annex.-9) was passed in pursuance of the directions issued by this Court in the judgment dated 22. 9. 1992 passed in S. B. Civil Writ Petition No. 5848/1990 filed by Diploma holders who were appointed as work- charged Assistant Drillers, wherein the learned Single Judge has held as follows : &nbsp&nbsp&nbsp&nbsp&nbsp" In the result, the petition is allowed in part. Respondents are directed to give benefit of the post of Driller (Work-charged) in the pay scale of 470-830 to the members of petitioner Association and other similarly situated persons with effect from the date of completion of one year's service by each one of them as Assistant Driller (Work-charged ). All these persons should be given consequential benefits within a period of six months of the submission of certified copy of this order. Question of promotion on regular posts of Driller shall however be considered by the Government in accordance with the provisions of the amendments made in the Rajasthan Engineering Subordinate Service (Public Health Branch) Rules, 1967. Decision for such consideration shall be undertaken within a period of six months of the submission of certified copy of the order. Parties are left to bear their own costs. " Upon the aforesaid judgment passed by this Court, when the benefit was given to the junior persons who were possessing Diploma, in view of the fact that the qualification of Proficiency Certificate stands at equivalence with the Diploma in Mechanical Engineering, the same benefit is required to be given to the petitioners also. IT is urged by learned counsel for the petitioners that this Court specifically directed vide the afore- quoted order to give benefit of the post of Driller (Work- charged) in the pay scale of 470-830 to the members of petitioner Association and other similarly situated persons with effect from the date of completion of one year's service by each one of them as Assistant Driller (Work-charged ). Therefore, the respondents are under obligation to treat the petitioners as having the equal qualification as the Diploma holders and grant the same benefit to the petitioners also and the denial of the benefit to the petitioners is arbitrary and illegal being violative of Article 14 of the Constitution of India.