LEKH RAJ PARNAMI Vs. RAJATHAN VIDYUT PRASARAN NIGAM

JUDGEMENT

(1.) This writ petition has been filed by the petitioners with the following prayers:-

(2.) At the outset it may be noted that during pendency of this writ petition the petitioner died and his LR's were taken on record. Brief facts of the case are that the petitioner (since deceased) was initially appointed on the post of LDC in Beas Construction Board vide order dated 10.09.1971. The petitioner thereafter was absorbed in the erstwhile Rajasthan Electricity Board on the post of LDC vide order dated 03.12.1977. The respondents vide order dated 26.10.1987 granted the benefit of first selection scale to the petitioner after completion of 15 years of service counting his service from initial appointment i.e. 10.09.1971. The respondents vide order dated 25.03.1995 re-fixed the salary of the petitioner and changed the date of grant of selection scale in which the service rendered by the petitioner in Beas Construction Board was not counted for the purpose of selection scale and his services were counted for the purpose of selection scale only from the date of entry in the RSEB i.e. from 03.12.1977. Accordingly, the respondents recovered the excess amount paid to the petitioner. Hence, the present writ petition has been filed by the petitioner challenging the order dated 25.03.1995 for re-fixing of the salary of the petitioner with regard to the grant of first selection scale and further prayed for refund of the amount recovered by the respondents from him.

(3.) Counsel for LRs of the deceased-petitioner submitted that one another person who was appointed on ad-hoc basis under Beas Construction Board in the year 1972 and was also subsequently absorbed/appointed in the erstwhile RSEB vide order dated 03.12.1977, being similarly situated to the petitioner filed a writ petition before this Court bearing SBCWP No.2677/1988 which was decided by this Court on 08.11.1994 and held as under:-