JUDGMENT :

PUSHPENDRA SINGH BHATI, J.

1. Learned counsel for the parties jointly submits that the controversy in question is covered by the judgment of this court in the matter of Rajkumar Agarwal Vs. State of Rajasthan & Ors. rendered in SBCWP No. 5400/2015 decided on 12.04.2007. Relevant portion of the judgment reads as under:-

"Heard the learned counsel for the parties and with their assistance perused the relevant materials available on record as well as gave my thoughtful consideration to the rival submissions at Bar.

Indisputably, the petitioner was appointed as 'Gram Sewak' under the Rules of 1969. It is also not in dispute that while the petitioner was absorbed in the service of Panchayati Raj Department as 'Gram Sewak', a contemplation in the order dated 23rd January, 2001, specifically protected his pay on the substantive post. Selection scales, after completion of 9, 18 and 27 years of service, were also accorded to the petitioner.

The pay of the petitioner according to the clarification is to be fixed in view of mandate of Rule 26 (1)(a)(ii). At this juncture, it is rele