Petitioners entitled to regular pay scale admissible to Assistant Revenue Inspector for budget 1988-89 - Denial of regular pay scales violative of petitioners' fundamental rights under Articles 14 and 16 of Constitution - Condition imposed by respondents on petitioners at time of promotion arbitrary, illegal, and unjust - Struck down as void and unconstitutional.

1. (Oral) - This writ petition has been filed in this court under Article 226 of the Constitution of India in the matter of interpretation of the relevant provisions of the Rajasthan Municipalities Sub-ordinate and Ministerial Service Rules, 1963. The brief facts of the case are that the petitioner No. I was initially appointed as Sub- Nakedar in the Municipal Board, Sawaimadhopur w.e.f. 25th March, 1975 and there- after he was promoted on the post of the Nakedar w.e.f. 6.5.1977 and was confirmed on that post in the aforesaid Municipal Board which is presently Municipal Council.

2. That the petitioner No. 2 was initially appointed on 1.10.1955 as Class-IV servant in the Municipal Board, Sawaimadhopur and thereafter promoted as Sub-Nakedar w.e.f. 16.2.1966. Further he was promoted as Nakedar w.e.f. 15.5.1972 and confirmed with effect from 25.5.1975 in the aforesaid Municipal Board (at present Municipal Council).

3. That the petitioner No. 3 was initially appointed as Class IV servant w.e.f. 1.7.1961 in the Municipal Board, Sawaimadhopur (at present Municipal Council) and thereafter promoted as Sub-Nakedar with effect from 16.2.1966-Further he was promoted as Nakedar with effect from 15.5.1972 and confirmed with effect from 21.5.1975 on the post of Nakedar in the aforesaid Municipal Board. The petitioner No. 4 was initially appointed as Moharir on 29.4.1967 and confirmed as Nakedar w.e.f. 12.1.77.

4. It has been contended by the learned counsel for the petitioners that the petitioners were initially appointed in the Municipal Board, Sawaimadhopur at present Municipal Council and since then they are working in the same Municipal Board/Council and they fulfil the requisite qualifications for promotion on the post of Assistant Revenue Inspector. The performance of the petitioners has throughout been satisfactory and no adverse remarks have ever been communicated to the petitioners. Thus, the service record of the petitioners is unblemished.

5. It has been further contended by the learned counsel for the petitioners that the petitioners were promoted on ad hoc basis on the post of Assistant Revenue Inspector in terms of order dated 3.6.86 passed by the Administrator, Municipal Council, Sawaimadhopur, by which notwithstanding promotions given to the petitioners, regarding the applicability of pay scale admissible for the said post, it was mentioned that the same would not be given to them unless the sanction from the Government is obtained and also an undertaking to this effect was obtained from the petitioners. It has been further contended that after their promotions on ad hoc basis w.e.f. 3.6.86, the petitioners have been discharging their duties as Assistant Revenue Inspectors and that they had not been allowed the pay scale of the post of Assistant Revenue Inspector i.e. Rs. 395- 1720. The petitioners are entitled for the regular pay scale of the said post w.e.f. 4.6.86. It has been further contended by the counsel for the petitioners that the post of Assistant Revenue Inspector was available at the time of promotion of the petitioners and the said post were sanctioned for the budget year 1988-89 vide order dated 28.4.1988 and that no separate administrative sanction was required which is evident from the letter dated 9.6.1973 issued by the Deputy Secretary, Local Self Government Department.

6. Learned counsel for the petitioners further argued that even otherwise when the regular pay scale was duly admissible to other employees of the Municipal Establishment, there is no reason for denying the said pay scales to the petitioners and it is obligatory for the non-petitioners to allow the pay scale which is admissible for the said post on which they are discharging their duties. Alternatively, it was argued that even otherwise as per the terms of order dated 9.6.73 issued by the State Govt. no further sanction was required for the pay scale and that the action of the non-petitioners is in violation of the Government circular of