VASUDEO Vs. STATE OF RAJASTHAN AND ANR.

JUDGEMENT

(1.) Though several prayers are also made in this petition for writ but counsel for the petitioner, during the course of arguments, mainly pressed in service the prayers (a) & (c) only, those read as under:-

(2.) The noticeable facts of the case are that the petitioner was appointed as Perokar Gr.II as per the provisions of the Rajasthan Municipalities (Subordinate and Ministerial Service) Rules, 1963. A promotion to the post of Perokar Gr.I was accorded to him and then under an order dated 9.5.1989 he was promoted to the post of Law Officer against the vacancies of the year 1988-89. The service conditions of the petitioner are presently governed and regulated by the provisions of the Rajasthan Municipal Service Rules, 1963 (hereinafter referred to as "the Rules of 1963").

(3.) As per the petitioner, though the respondents promoted him as a Law Officer by the order dated 9.5.1989 against the vacancies of the year 1988-89 but are not making fixation of his pay in the pay scale applicable to the post of Law Officers from the account year 1988-89. It is also urged on behalf of the petitioner that the State Government under its notification dated 18.1.1989, while exercising powers under sub-sections (1) and (2) of Section 297 of the Rajasthan Municipalities Act, 1959 read with Rule 32 of the Rules of 1963, notified that all the pay scales, allowances and bonus for the officers and other employees of the municipalities in the State of Rajasthan shall be equivalent to the employees of the State Government, but equivalence of the Law Officers working in municipalities is yet not been made with their counter parts working with the Government of Rajasthan. As per counsel for the petitioner the post of Assistant Legal Remembrance appointed as per the provisions of the Rajasthan Legal Service Rules, 1981 is a post equivalent to the post of Law Officer created under the Rules of 1963 and as such the respondents must allow the pay scale applicable for the Assistant Legal Remembrance working with the Government of Rajasthan to the Law Officers employed with the municipalities in the State.