JETHA RAM Vs. RAJASTHAN HIGH COURT

JUDGEMENT

(1.) The petitioners have preferred these two writ petitions founded on a common cause of action and the relief claimed by them is identical. Thus, both the writ petitions are being heard and decided together by this single order.

(2.) The petitioners herein are all employed in the Group-D services of the Rajasthan High Court. The petitioners have relied upon a seniority list issued vide office order dtd. 20/1/1997 issued by the Rajasthan High Court whereby, all the petitioners are placed above one Shri Nimba Ram in the order of seniority. Another seniority list dtd. 31/3/2004 was issued by the Rajasthan High Court wherein also, some of the petitioners are placed above Shri Nimba Ram in the order of seniority. An order dtd. 19/7/2011 was issued whereby, the petitioners as well as aforesaid Shri Nimba Ram were given increments and were shown to be drawing higher salary than that being drawn by Shri Nimba ram and were also shown to be senior to him. While exercising powers conferred under Article 309 of the Constitution of India and acting on the recommendations made by the VII Pay Commission, the State Government promulgated the Rajasthan Civil Services (Revised Pay) Rules, 2017 (hereinafter referred to as the 'Rules of 2017' for short) as per which, the pay fixation of the petitioners was made at Rs.31700.00 vide order dtd. 13/11/2017 and other similar orders. The petitioners claim that they were shocked to receive an office order dtd. 11/4/2018 whereunder, the names of various employees, who had surrendered their 15 days' P.L. for encashment are reflected. In the said order dtd. 11/4/2018, name of Shri Nimba Ram has been shown at Sr. No. 21 but the basic pay drawn by him is quantified at Rs.32,700.00. The petitioners claim that they cannot be placed in a pay scale lower than that being drawn by their junior Shri Nimba Ram for this purpose, they rely upon Rule 11(1) and 11(7) of the Rules of 2017, which is reproduced hereinbelow for the sake of ready reference:

(3.) Relying upon the said Rule, the petitioners claim that in case, a government servant was earlier drawing more salary than another government servant junior to him in the same cadre, his pay shall be stepped up to the same as that of the junior concerned. Finding out that, Nimba Ram had been fixed in the higher basic pay scale of Rs.32,700.00, the petitioners submitted a representation to the respondent authorities for raising their pay scale and to bring it at par with that of Shri Nimba Ram in terms of Rule 11(7) of the Rules of 2017. The said representation of the petitioners was accepted and the basic pay of the petitioners was revised and increased to Rs.32,700.00 instead of Rs.31,700.00 w.e.f. 1/7/2017. The subsequent increment orders issued in favour of the petitioners also reflect that their basic pay is Rs.32,700.00. However, the petitioners were severely prejudiced and shocked when they received an office order dtd. 14/8/2018 whereby, the order dtd. 4/6/2018 passed in their favour was withdrawn and the pay of the petitioners was revised and reduced to Rs.31,700.00 and that too without providing any opportunity of showing cause or hearing to the petitioners herein. The respondents also issued directions to recover the excess amount paid to the petitioners by effect of the order dtd. 4/6/2018 and the amount so assessed was ordered to be deducted and adjusted from the salary of the petitioners. The said order dtd. 14/8/2018 is assailed in these two writ petitions.