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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
ARUN MONGA, J.
Babu Lal Sharma S/o Shri Jagdish Prasad Sharma – Petitioner
Versus
The State of Rajasthan – Respondent
S.B. Civil Writ Petition No. 8409 of 2011
Decided On : 05-04-2024
REVISED PAY SCALE - Rajasthan Civil Services - Rajasthan Civil Services (Revised Pay Scale Rules), 1998 - The court discussed the Rajasthan Civil Services (Revised Pay Scale Rules), 1998, particularly focusing on the definitions and provisions regarding the fixation of pay scales for government servants. The court interpreted the rules to affirm that the petitioner, a Class-IV employee, was entitled to the revised pay scale from the date of his appointment, rejecting the respondents' claims of financial constraints and emphasizing the principle of equal treatment under Articles 14 and 16 of the Constitution.
Fact of the Case:
The petitioner, a Class-IV employee, sought the benefit of the Rajasthan Civil Services (Revised Pay Scale Rules), 1998, for the period from 12.01.2000 to 13.12.2005, claiming entitlement to a revised pay scale that was not granted despite his appointment being confirmed and the institution receiving government aid.
Finding of the Court:
The court found that the petitioner was a regular appointee entitled to the revised pay scale as per the 1998 Rules. The respondents' failure to grant the benefits was deemed unjustifiable, particularly as similar employees had received the benefits, leading to a conclusion of hostile discrimination.
Issues: Whether the petitioner was entitled to the benefits of the Revised Pay Scale Rules from the date of his appointment, and whether the respondents' refusal to grant these benefits constituted a violation of his rights under Articles 14 and 16 of the Constitution.
Ratio Decidendi: The court held that the petitioner was entitled to the benefits of the Revised Pay Scale Rules from the date of his appointment, emphasizing that the denial of these benefits based on administrative delays and financial constraints was legally unsustainable and discriminatory.
Final Decision: The writ petition was allowed, directing the respondents to grant the petitioner the revised pay scale benefits from 12.01.2000 to 31.12.2005, along with the calculation of arrears and applicable interest.
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 appointment was contingent upon approval from the Ayurved Department, Ajmer.
3.1. Through a letter dated 31.07.2001, respondent No. 3 confirmed the petitioner's appointment. Subsequently, respondent No. 4, vide an order dated 30.09.2003, made the service of petitioner permanent effective from 01.04.2003.
3.2. Respondent No. 4/Institution receives 80% grant-in-aid from the Government of Rajasthan. All its employees, including the petitioner, draw their salaries from this grant. Consequently, the petitioner is entitled to the salary scale and allowances commensurate with those received by employees of the Rajasthan State Government.
3.3. Upon the petitioner's appointment, his salary was to be fixed based on the corresponding pay scale of the V Pay Commission, and at that time, the Revised Pay Scale Rules of 1998 were in effect. Nonetheless, the petitioner and other employees under respondent No. 4 continued to receive salaries based on the old pay scale, i.e., Rs.750-940.
3.4. In the premise, the petitioner alongwith other employees was driven to file a writ petition before this Court being S.B.C.W.P. No. 470/2003: Raj Singh Malik & Ors. v. State of Rajasthan & Ors. inter alia, praying that the respondents be directed to issue necessary sanction for giving the benefits of V Pay Commission i.e. Revised Pay Scale of 1998 to the petitioners w.e.f. 01.09.1996 with all consequential benefits.
3.5. The said writ petition was disposed of vide order dated 12.07.2005 directing the petitioners to file a fresh representation and the respondent No. 2 –Secretary, Medical & Health (Group-IV) Ayurved, Government of Rajasthan, Secretariat, Jaipur was directed to consider and decide the same in accordance with law.
3.6. Upon the said fresh representation, an order dated 19.12.2005 was passed, vide which, while according sanction for giving benefit of the Rules of 1998 w.e.f. 01.01.2006 it was directed that, for the period prior to 01.01.2006, no additional financial grant was available and benefits for the said earlier period were thus frozen. Pertinently, while passing the order dated 19.12.2005 entitlement of benefit of V Pay Commission was otherwise not disputed or negated.
3.7. Being aggrieved by the order dated 19.12.2005, which extended the benefits of the V Pay Commission from 01.01.2006 to the petitioner, the petitioner and his other counter parts, filed another writ petition before this Court, bearing S.B.C.W.P. No. 3314/2006. The petition sought, among other things, the declaration of the order dated 19.12.2005 as illegal and invalid. Prayer was also made for its part quashing insofar as it denied the petitioners' right to have their emoluments fixed in accordance with the Revised Pay Rules, 1998, from the date the Rules came into force until 31.12.2005.
3.8. On 14.1
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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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