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1999 Supreme(Raj) 1508

SHIV KUMAR SHARMA
Rajendra Mishra – Appellant
Versus
State of Rajasthan – Respondent


JUDGMENT

1. - The petition has been heard finally.The petitioner has approached this Court with a prayer that the respondent No. 1 be directed to pay the petitioner regular pay scale as prescribed under the Rajasthan Panchayat Samities and Zila Parishad Service Rules (Revised Pay-Scale Rules revised from time to time) (for short `the Service Rules') since his initial appointment i.e. November 3, 1989 and to regularise his services on the post of driver lying vacant under the respondent No. 3.

2. Brief resume of the case is that the petitioner was initially came to be to appointed on the post of driver w.e.f. November 3, 1989 on temporary basis. Initially the petitioner was paid Rs. 21/- per day but subsequently, the rate of daily wage was revised to Rs. 28/- per day. The grievance of the petitioner is that the respondent did not regularise his services on the post of driver and pay him the regular pay scale as prescribed under the Service Rules. The other drivers who are similarly situated are being paid regular pay scale but the petitioner has been discriminated. The act of the respondents is, therefore, violative of Articles 14 and 16 of the Constitution.

3. The respondents have su




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