DEVMAN RAM AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These writ petitions have been filed by the petitioners seeking a direction to the respondents to grant Pay Scale No.7 in terms of Rajasthan Civil Services (Revised Pay Scale) Rules, 1989 ('the Rules, 1989') and ensure compliance of the directions issued by Hon'ble Supreme Court of India.

(2.) It is inter alia claimed in the writ petitions that the petitioners were initially appointed on the post of 'Mistry' on work charge basis in the respondent Department, on completion of 10 years satisfactory services, they were given the benefit of permanent status and has subsequently been absorbed in regular establishment of the State Government. It is inter alia indicated that a writ petition being S.B.Civil Writ Petition No. 607/1991 was filed by Alwar Division Irrigation Employees Union inter alia seeking grant of Pay Scale no.7 under the Rules of 1989, which writ petition was partly allowed on 16/1/2001 and it was directed that the work charge employees, who have been made permanent on completion of 10 years of service and who have been absorbed in the regular establishment of the State Government shall be paid Pay Scale No.7 under the Rules of 1989, which judgment was upheld by the Division Bench in D.B.Civil Special Appeal No.516/2002 decided on 8/7/2002 at Jaipur Bench and Special Leave Petition was also rejected by Hon'ble Supreme Court on 2/12/2010.

(3.) The respondents after the judgment was upheld by Hon'ble Supreme Court issued instructions for compliance of the directions given in the judgment by learned Single Judge, where after, when the said relief was not granted to the petitioners, they filed writ petitions before this Court, which came to be decided by order dated 7/7/2014 (Annex.7), wherein, it was observed that as the representations filed by the petitioners were pending with the respondents, they may pursue the same, whereon the impugned order dated 3/3/2016 (Annex.9) has been issued inter alia indicating that as the petitioners herein were not the members of the Alwar Division Irrigation Employees Union, the judgment would not be applicable to them and consequently rejected the representations.