Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law-Rajasthan Civil Servants (Revised Pay Scales) Rules 1983 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law-Rajasthan Civil Servants (Revised Pay Scales) Rules, 1983-Revision of Pay-scale of Upper Division Clerks-Demand of UDCs of subordinate offices for grant of higher pay scale given to UDCs of Secretariat-Allowed by notification dated Jan. 23, 1985-Claim of revised scale w.e.f. 1.9.1981 relying on various notifications relating to other departments-Notifications relied upon issued under different circumstances-Plea of discrimination-Not maintainable.The pay-scales of Government servants in the State of Rajasthan were revised w.e.f. 1.9.1981 by the Rajasthan Civil Servants (Revised Pay Scales) Rules, 1983. The pay scale of UDCs of subordinate offices was revised from Rs. 385-650 to Rs. 520-925. The existing pay scale of Rs. 440-775 of UDCs of Secretariat was revised to that of Rs. 610-1090. The UDCs of subordinate offices claimed that there was no justification for denying them the higher pay scale which was being given to the UDCs of Secretariat. The State Government allowed the claim and granted revision by the notification dated January 23, 1985 w.e.f. 1.2.1985. The respondent, working as UDC in subordinate office filed a writ petition seeking a direction to the State Government to grant him the revised pay scale w.e.f. 1.9.1981 instead of from 1.2.1985. It was alleged that after coming into force of the Rajasthan Civil Servants (Revised Pay Scales) Rules, 1983 various notifications were issued from time to time during the years 1984 - 85 revising pay scales of different cadres in other departments of the State Government where under the revision was made operative w.e.f. 1-9-1981. It was contended that the respondent and other UDCs of subordinate offices were dealt with discriminately as they were granted revision w.e.f 1-2-1985 instead of from 1.9.1981, The High Court allowed the writ petition solely on the ground of discrimination. Hence this appeal.The appellants contended that the High Court fell in error in accepting the plea of discrimination for which there was no factual basis. It was submitted that the notifications relied upon by the High Court were issued under different circumstances and were not relevant to the facts of the present case. According to the appellants those were the cases where certain categories of employees were not included in the general pay revision provided under the rules, and therefore, they were given the revised pay-scales for the first time w.e.f. 1-9-1981 to bring them at par with the employees who were governed by the Rules. While in the present case, the UDCs of subordinate offices were governed by the Rules and they were given the revised pay scale to bring them at par with the UDCs of the Secretariat. |
Judge | Hon'ble Mr. Justice Kuldip Singh |
Neutral Citation | 1995 INSC 32 |
Petitioner | State Of Rajasthan And Anr. |
Respondent | Gopaldas Etc. Etc. |
SCR | [1995] 1 S.C.R. 214 |
Judgement Date | 1995-01-13 |
Case Number | 3528 |
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