GOPAL DASS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition has been filed for directing the respondents to give effect to the revised scale of pay given to the Upper Division Clerks (Scale No. 10) from September 1, 1981 instead of February, 1, 1985 for declaring the Notification (F. 17 (3) F. D. Group-II/82 dated January 23, 1985) as discriminatory and ultra vires of the Constitution and to pay the difference-amount accordingly. The facts of the case may be summarised thus.

(2.) THE petitioner was an Upper Division Clerk in the Police Department of the Government of Rajasthan. His pay was fixed at Rs. 925/- in the scale of Rs. 550925 (Scale No. 9) with personal pay of Rs. 42. 50 w. e. f September 1, 1981 under Rajasthan Civil Services (Revised Pay Scale) Rules, 1983 (herein-' after to be called 'the Rules' ). He attained the age of superannuation on December 31, 1983. THE said pay-scale of the Upper Division Clerks was further revised and they were given pay-scale of Rs. 610-1090 (Scale No. 10) w e. f. February 1,1985 vide Notification dated January 23, 1985 (Anx. R/l ). Similarly, pay scales of various posts were also further revised by various notifications issued in the years 1984 and 1985 but with effect from September 1, 1981. THEir details are mentioned in Schedule 'a' of the writ petition. Representations were sent by the petitioner for giving effect the further revised pay-scale from September 1, 1981. Anx. P/2 is a copy of the one of them. THEre is no nexus with the object sought to be achieved in further revising the said pay-scale w. e. f. February 1. 1985.

(3.) THE writ petition is allowed. THE respondents are directed to fix the pay of the petitioner in the further revised pay-scale of Rs. 610-1090 (Scale No. 10) w. e. f. September 1, 1981 and to pay the amount of difference. THE petitioner is also entitled to his pensionary benefits accordingly. .