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ARUN MONGA
Babu Lal Sharma S/o Shri Jagdish Prasad Sharma – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
ARUN MONGA, J.
1. Petitioner, a Class-IV employee is before this Court yet again. In what is, multiple foray of his which he is compelled to resort for redressal of his grievance. He, inter alia, seeks issuance of an appropriate writ, order and/or direction commanding the respondents to extend the benefit of the Rajasthan Civil Services (Revised Pay Scale Rules), 1998 (hereinafter referred to as the ‘Rules of 1998’) to him for the period 12.01.2000 to 13.12.2005.
2. The writ petition was filed in the year 2011, and at first glance, it may seem belated. However, on considering the litigation preceding the instant round, aimed at enforcing petitioner’s rights, the tables are turned—the delay is actually attributable to the respondents. More of it later.
3. First the relevant facts as outlined in the petition. Same reveal that by virtue of an order dated 08.01.2000, the petitioner was provisionally appointed for one year to the position of a Class-IV employee, with a salary scale of Rs.750-12-870-14-940 (according to the pay scale of the IV Pay Commission) by respondent No. 4. Accordingly, the petitioner commenced duties on 12.01.2000. However, confirmation of the petitioner's
The court established that employees are entitled to benefits under the Revised Pay Scale Rules from the date of their appointment, and any denial based on administrative inefficiencies or financial ....
The main legal point established in the judgment is the entitlement of the petitioners to the specific pay scale as per the circular dated 25.1.1992, and the requirement for the respondents to implem....
Entitlement to pay scale under the Himachal Pradesh Civil Services (Revised Pay) Rules and the application of previous judgments in determining entitlement to the revised pay scale.
The arbitrary introduction of a cut-off date affecting an employee's entitlement to a promotional pay scale was held to be violative of Article 14 of the Constitution.
The court established that the petitioners were entitled to the higher pay scale as per the Government Resolutions and that the recovery initiated by the respondents was unjust, illegal, and arbitrar....
The court established that arbitrary classification between similarly situated employees violates the principle of equality under Article 14 of the Constitution.
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