Petitioner approached the High Court seeking regularization of pay scale and pay fixation from his date of initial appointment, claiming disparity with a junior colleague, after being restored to duty following a Lok Adalat order.
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Cw3517/2015
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ORDER IN S.B. Civil Writ Petition No.3517/2015
Saheb Ram Vs. The Chief Manager, Rajasthan State Road Transport Corporation and Another
Date of Order ::: 01.09.2015
Present Hon'ble Mr. Justice Mohammad Rafiq
Shri M.F. Baig, counsel for petitioner ####
By the Court:-
Petitioner has filed this writ petition for a direction to respondents to grant him benefit of regularization of pay scale and pay fixation as has been given to similarly situated persons, from the date of initial appointment i.e. 14.02.1984 along-with arrears from the date of order of Lok Adalat of this court dated 25.05.2012 till he joined on 20.07.2012.
Petitioner was initially appointed on the post of Conductor at Jodhpur Depot on 14.02.1984 in regular pay scale. His services came to be terminated on 27.09.1993. The application filed by respondent department before the Industrial Tribunal, Jaipur was rejected vide order dated 09.11.2010. Respondent department challenged the said order before this court by filing Writ Petition No.58/2011, which was referred to Lok Adalat and the Lok Adalat of this court vide order dated 25.05.2012 directed the respondents to reinstate the petitioner with continuity of service, within one month and to make his pay fixation according to the pay scale which he was getting at the time of termination. In compliance thereof, the respondent no.1 vide order dated 10.05.2013, allowed the petitioner to join his duties. Petitioner joined his duties on 20.07.2012. It is contended that presently the petitioner is drawing Basic Pay of
Cw3517/2015
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Rs.8240 with other allowances. His total salary comes to Rs.16,495/-. One Jagdeva Ram S/o Shri Lekh Ram, working on the post of Conductor at Hanumangarh Depot, was also appointed on 07.04.1984 and presently he is getting the total salary of Rs.30,339/-, whereas salary of the petitioner is much below to him, who is junior to petitioner. Though, in compliance of the order of Lok Adalat, the petitioner has been allowed to join the duties, but the respondents did not make his pay fixation by regularizing his services. Hence this writ petition.
Having regard to the facts of the case, writ petition is disposed of requiring the petitioner to approach respondent no.2 – the Managing Director, Rajasthan State Road Transport Corporation, Jaipur, by filing representation along-with a copy of this order, who shall, after verifying the facts afore-stated, consider and decide the same by appropriate speaking order within a period of three months from the date of its making, addressing his grievance by making his pay fixation keeping in view aforesaid facts, or otherwise give reasons why the relief, as prayed for, cannot be granted to petitioner.
(Mohammad Rafiq) J.
//Jaiman//96
All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.
Giriraj Prasad Jaiman PS-cum-JW
3 issues framed by the court
Whether the petitioner should be granted regularization of pay scale and pay fixation from the date of initial appointment.
Whether the petitioner is entitled to arrears of pay from the date of the Lok Adalat order.
Whether the gravamen of the grievance exists upon verifying the facts.
Saheb Ram
The Chief Manager, Rajasthan State Road Transport Corporation
Another
Mohammad Rafiq
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
