DAS MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) INSTANT petitions have been filed by writ petitioners who are working as Hostel superintendent and are members of Rajasthan social Welfare Subordinate Service Rules, 1963 claiming pay scale of Rs. 5000-8000 on completion of 18 yrs. of service in terms of circular of the government dt. 25th January, 1992.

(2.) COUNSEL for petitioner has brought to the notice of this court that identical question has been decided at the Main Seat, Jodhpur in CW no. 1562/03, Chandra Prakash Gehlot Vs. State and ors. , on 18th January, 2008 relevant para whereof is reproduced as under: in view of the discussion made above, the respondents were required to make fixation of thepetitioner's pay in the pay scale of Rs. 5000-8000 on completion of 18 years of service. The reasongiven by the respondents for giving the pay scaleof Rs. 3400-5200 to the petitioner on basis of categorisation of hostels is absolutelyirrelevant in present case as under the notification dated 25. 1. 1992 the selection graderequired to be given on completion of 18 years ofservice is the pay scale related to the promotional post.

(3.) IN result, this petition for writ succeeds and, therefore, the same is allowed. The action of therespondents for grant of pay scale of Rs. 34005200 under the order dated 12. 8. 2002 as second selection grade to the petitioner w. e. f. 18. 10. 2000 is declared illegal. The respondentsare directed to allow the pay scale of Rs. 50008000 to the petitioner from the day he has completed 18 years of service i. e. 18. 10. 2000.