RAMESH GUPTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) AT the request of learned Counsel for both the parties, the arguments were heard in the writ petition and the same is being disposed of finally.

(2.) THE petitioners were working on the post of Munshi, Store Munshi and Time Keeper, the Chief Engineer (Roads), Public Works Department, Rajasthan, Jaipur, vide its order dt. 21.10.1989 (Annexure 1), amended the order dt. 07.12.1984 and the words 'Senior Munshi' were substituted by the words 'Supervisor (Store) -(Pay Scale No. 9)'. In pursuance of the aforesaid order, the petitioners' posts were re -designated and they were posted as Supervisor (Store) in the pay scale No. 9. Subsequently, the Deputy Secretary to the Government, Public Works Department, vide its order dt. 17.05.2002 (Annexure 3) wrote a letter to the Chief Engineer, Public Works Department, Rajasthan, Jaipur, that the order passed by the Chief Engineer is without jurisdiction or contrary to rules and the aforesaid posts cannot be included in the revised pay scales 1988 and 1996. In pursuance thereof, the respondents deducted the excess amount paid to the petitioners, Hari Singh and Ram Niwas who had already retired from their gratuity amount vide G.P.O. (Annexure 5 and 6, respectively). Being aggrieved with the aforesaid orders of with -holding/deductions of the amount, the present writ petition has been preferred by Hari Singh and Ram Niwas and other aggrieved persons with the order dt. 17.05.2002 (Annexure 3).

(3.) THE respondents in their reply have stated that the pay scale of Supervisor, Polytechnic Diploma Holders is revised from Rs. 1160 -2360 to Rs. 1400 -2600 along with other employees, it has been revised from Rs. 950 -1800 to Rs. 1200 -2050 and has justified the recovery from two petitioners Hari Singh and Ram Niwas vide Ex. 5 and 6. The petitioners have filed rejoinder along with affidavit denying the contents of reply and contending that the petitioners are claiming pay scale No. 9 only.