SHAMBHULAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioners, who are untrained Gram Sevaks, have filed this petition and prayed that the impugned orders dated 28. 1. 86, 28. 2. 86 and 21. 7. 87 be set aside and prayed that the respondents be directed to grant arrears to the petitioners on account of fixation in new pay-scale. THEy also prayed that they should be paid salary equal to the trained Gram Sevak. However, at the time of hearing, the challenge was restricted only to the grant of arrears from the date of their appointment till the date of order (Annex. 3) dated 26. 1. 86.

(2.) LEARNED counsel Shri Singhvi for the petitioners has relied upon the judgment of Division Bench of this Court (V. S. Kokje and B. S. Chouhan, JJ.) delivered on January 6, 1988 in case of Chandra Shekhar vs. State of Rajasthan) in DB Special Appeal (Writs) No. 377/96 and allied matters (1 ). Mr. Singhvi has also relied upon the Articles 29 and 31 of the Rajasthan Service Rules, 1951 (for short, `the Rules') and submitted that the petitioners were entitled for the arrears from the date of their appointment i. e. 3. 7. 80 till the order at Annex. 3 dated 21. 8. 86 was passed. He frankly stated that the petitioners have been paid the salary as per the order dated 21. 8. 86, thereafter. Thus, the challenge is restricted to the arrears from the date of appointment i. e. 3. 7. 80 till the date of order at Annex. 3 dated 28. 1. 86.