JUDGMENT :

Sanjeev Prakash Sharma, J.

1. The petitioner assails the order dated 30.08.2019 and consequential orders 02.09.2019 and 10.10.2019 whereby his pay has been revised and recovery has been sought to be made from the petitioner.

2. Learned counsel for the petitioner submits that the petitioner was appointed on compassionate grounds initially on 12.8.2013 and was placed on probation for a period of two years whereafter he was confirmed and he was granted regular pay scale vide order dated 12.8.2015 and was further placed in the pay matrix level-5 with effect from 1.1.2016 vide order dated 4.6.2018 in the pay scale of Rs. 20,800/-.

3. Learned counsel submits that without giving any notice or opportunity of hearing the respondents have passed the impugned order dated 30.8.2019 whereby it has been stated that the petitioner has acquired computer qualification only on 29.5.2017. As acquiring of computer qualification is a prerequisite for grant of increments. It is stated that the petitioner was wrongly granted regular pay scale with effect from 11.8.2015 and the earlier orders dated 12.8.2015 and 4.6.2018 have been withdrawn with directions to fix the petitioner in the pay matrix pay scale of 20,800 only with effect from 29.5.2017 that is the day when the petitioner passed the RSCIT Examination.

4. Learned counsel further submits that the qualification required for the post of LDC are apart from educational qualification to possess following qualifications as laid down under the Rules:-

"B. "O" or Higher Level Certificate Course conducted by DOEACC under control of the Department of Electronics, Government of India,

Or

Computer Operator & Programming Assistant (COPA)/Data preparation and Computer Software (DPCS) Certificate organized under National/State Council of Vocational Training Scheme.

Or

Diploma in Computer Science/Computer Applications from a University established by law in India or from an institution recognised by the Government.

Or

Diploma in Computer Science & Engineering from a polytechnic institution recognised by the Government.

Or

Certificate Course in Information Technology (RSCIT) conducted by Vardhaman Mahaveer Open University, Kota under control of Rajasthan Knowledge Corporation Limited."

5. Learned counsel for the petitioner submits that the petitioner had already passed diploma in Computer Application from an institute recognized by the Government at the time of appointment and thus was not required to possess certificate course in Information Technology for the purpose of confirmation which is one of the options to the diploma, however, as no show cause notice was given to the petitioner he could not inform about having already got diploma in Computer Application to the authorities and without giving him any opportunity his pay has been reduced and recovery has been affected.

6. Learned counsel appearing for the State has taken this Court to Notification dated 14.6.2013 wherein Rule 9 of the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules, 1996 was amended as under:-

"2. Amendment of rule 9:-The existing rule 9 of the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules, 1996 shall be substituted by the following, namely:-

"9. Procedural requirement etc.-The procedural requirement for selection such as training or departmental examination or typing on computer shall not be insisted upon at the initial appointment. The dependants shall however, be required to clear such training or departmental examination or typing test on computer in any one language either in English or in Hindi within a period of 3 years for entitlement for confirmation failing which his/her appointment shall be liable to be terminated. No annual grade increments will be allowed until he/she acquires such qualifications. On acquiring such qualification's annual grade increments shall be allowed notionally from the date of appointment but no arrears shall be paid.

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