KAJAL RAJ Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2010-5-6
HIGH COURT OF RAJASTHAN (FROM: JAIPUR)
Decided on May 26,2010

KAJAL RAJ Appellant
VERSUS
STATE OF RAJASTHAN Respondents


Referred Judgements :-

STATE OF RAJASTHAN VS. JAGDISH NARAIN CHATURVEDI [REFERRED TO]


JUDGEMENT

- (1.)By filing instant writ petition the Petitioner has prayed that the Respondents be directed to grant the pay-scale of Assistant Child Development Project Officer (for short ACDPO') on completion of 9 years of service and of Child Development Project Officer (for short the CDPO') on completion of 18 years of service with all consequential benefits and interest at the rate of 12% per annum thereon as has already been paid to others similarly situated Women Supervisors in compliance of the judgment of Rajasthan Civil Services Administrative Tribunal dated 27.7.1998 in Appeal No. 33/.938.
(2.)Learned Counsel before raising arguments submits that the instant writ petition is squarely covered with the decision delivered in Smt. Maju Rani Nadheria and Ors. v. The State of Rajasthan and Ors., on 5.3.2010.
(3.)The Petitioner was appointed as Female Supervisor prior to Rajasthan Women & Child Development (State & Subordinate) Service Rules, 1998 ("Rules, 1998") came into force. Her grievance was that she has not been granted selection scales in terms of Finance Department's Circular dt. 25.1.1992- as per para 4 whereof, 1st selection scale of next promotional in same service/cadre shall be payable on completion of 9 years' service- in instant case, of Assistant Child Development Project Officer ("ACDPO") in pay scale of Rs. 1640-2900/- (subsequently revised Rs. 5500-175-9000) being the first promotional post; and various Female Supervisors were promoted as ACDPO in pay scale of Rs. 1640-2900/- and ACDP Os were further promoted as Child Development Project Officers ("CDP Os") in pay scale of Rs. 2000-3200/-. Upon representations having been made by Female Supervisors, State Government fixed them in pay scale of Rs. 1400-2600/- which in fact was lower to pay scale of Rs. 1640-2900/- of the post of ACDPO, vide order dt. 20.4.1996, which was assailed by the similarly situated persons by way of appeal 83/1998 which was decided vide judgment dt. 27.7.1998, wherein the learned Tribunal observed that channel of promotion from the post of Female Supervisor was to the post of ACDPO; and on completion of nine years' service, she is entitled for first selection scale of pay scale of Rs. 164-2900/- and the order dt. 20.4.1996 was accordingly modified. However, it was made clear that what has been observed by learned tribunal while disposing of appeal will be subject to promotional channel to be provided under the Rules pending finalization.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.