Three appeals challenging Single Judge orders confirming dismissal of writ petitions filed by Gazette Wrappers claiming pay stepping up based on Rule 26-A of Rajasthan Service Rules, opposing a junior employee with higher initial pay.
Appeals dismissed; stay applications rejected. Impugned orders of Single Judge affirmed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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I N THE HI GH COURT OF JUDI CATURE FOR RAJASTHAN BENCH AT JAI PUR
(1) DB Civil Special Appeal (Writ) No.1015/ 2013 Ashok Kumar Dangi Vs. Director, Printing and Stationery Department & anr.
(2) DB Civil Special Appeal (Writ) No.903/ 2013 Meetha Lal Vs. The Director, Printing and Stationery Department & anr.
(3) DB Civil Special Appeal (Writ) No.904/ 2013 Ashok Kumar Bairw a Vs. The Director, Printing and Stationery Department & anr.
Date of Order :: 23/ 01/ 2015
PRESENT HON'BLE MR. JUSTI CE AJAY RASTOGI HON'BLE MR. JUSTI CE J.K. RANKA
Mr. Pawan Sharma on behalf of ] Mr. Ashok Bansal, ] Mr. Vigyan Shah on behalf of ] Mr. Mahendra Shah, ], counsel for appellants. Mr. Rajan Prajapati on behalf ] of Mr. DV Tholia, AAG, ], counsel for respondents
These three special appeals have been preferred against impugned judgment of the ld. Single Judge dt.30/07/2013.
The appellants in these appeals joined service on the post of Gazette Wrapper in the year 1973 and the next
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promotional post in the hierarchy is the post of Binder Gr. II and of Binder Gr. I/Foreman.
The grievance of the appellants before the ld. Tribunal was that since one R.C. Gupta, junior to them, was junior but is in higher pay-scale of Binder Gr.II, the appellants are entitled to benefit of stepping up of their pay under Rule 26-A of the Rajasthan Service Rules.
Ld. Tribunal accepted grievance of the appellants and finally observed that appellants are entitled for stepping up/equivalent pay-scale w.e.f. 07/01/1996 on account of the fact that Ramesh Chand Gupta, junior to them, is working in the higher pay-scale.
Against the order the Tribunal, writ petitions came to be preferred by the State of Rajasthan and the fact, which reveals, is that the present appellants joined service on the post of Gazette Wrapper in the year 1973 and were entitled for grant of selection scale on completion of 9, 18 and 27 years of service on the promotional post i.e. Binder Gr. II and Binder Gr.I/Foreman. As regards Mr. Ramesh Chand Gupta, with whom they claim stepping up of their pay, he was directly recruited on the post of Binder Gr.II which is the promotional post of the present appellants and he was to be considered for grant of selection scale on completion of 9
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years of service on the post of Binder Gr.I/Foreman and as regards the present appellants are concerned, Binder Gr.I/Foreman would be second selection scale to which they could be entitled on completion of 18 years of service and as such, there could be no parity from Ramesh Chand Gupta who was indisputably one step ahead at the entry level and appointed directly on the post of Binder Gr. II and that being so, the very premise on which the appellants prayed for
stepping up of their pay, provided under Rule 26-A of the Rajasthan Service Rules, was wholly misconceived and the ld. Single Judge, after taking into consideration the material on record, arrived to a conclusion that the parity claimed by the appellants with Ramesh Chand Gupta for stepping up of pay be not legally sustainable and it was the apparent error which the ld. Tribunal committed in granting stepping up of pay to the appellant of 1200-2050 w.e.f. 07/01/1996 and the said disparity of the pay-scale was not on the same post but on different post.
We have heard counsel for the parities and do not
find any error being committed in the indisputed facts which has come on record and taken note of by the ld. Single Judge in the order impugned which may call for interference by this Court.
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Consequently, all the three appeals, being devoid
of merit, are hereby dismissed & the stay applications are
also rejected.
(J.K. Ranka), J.
Raghu
(Ajay Rastogi), J.
Cer t i f i cat e: Al l cor r ect i ons made i n t he j udgment / or der have been i ncor por at ed i n t he j udgment / or der bei ng e- mai l ed. Raghu, Sr . PA.
3 issues framed by the court
Whether appellants entitled to stepping up of pay based on parity with a junior employee appointed directly to a higher post.
Whether the Single Judge correctly rejected the claim of parity between Gazette Wrappers recruited in 1973 and a junior Ramesh Chand Gupta.
Whether Rule 26-A of Rajasthan Service Rules applies to grant selection scales differently for direct recruits versus promoted employees.
1 provisions across 1 enactments
Ashok Kumar Dangi
Meetha Lal
Ashok Kumar Bairwa
Director, Printing and Stationery Department
Ajay Rastogi
J.K. Ranka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
