SHAKIR AHMED S/O SHRI NANNEH KHAN Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2019-1-102
HIGH COURT OF RAJASTHAN (AT: JAIPUR)
Decided on January 10,2019

Shakir Ahmed S/O Shri Nanneh Khan Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

BANWARI LAL SHARMA,J. - (1.) With the consent of the parties, writ petitions have been heard finally and are decided by this common order as the facts as well as legal issue in both the writ petitions are common.
(2.) The petitioners are permanent and substantive employee of Rajasthan High Court. They are paid salary in the play scale of the post of Administrative Officer (Judicial). The State of Rajasthan issued a Notification on 01.05.2013 to amend the Rajasthan High Court Staff Service Rules, 2002. Sub-rule 1 and 2 were inserted in Rule 21 of the Rules of 2002 to provide pay of staff attached to the High Court to be not less than the staff of the same cadre attached to the Sub-ordinate Courts.
(3.) The petitioners were promoted to the post of Administrative Officer (Judicial). To find out the equivalent cadre post in the Sub- ordinate Court, a Committee was constituted by the Rajasthan High Court. It identified the equivalent post in Sub-ordinate Court. It is of Senior Munsarim. The report of the Committee was accepted by High Court. In view of amended provision of Rule 21 by the amendment Rules of 2011, the petitioners became entitled for the salary at par to the equivalent post in the Sub-ordinate Courts. The High Court made recommendation to upgrade pay scale and salary of the petitioners but no action in compliance to the recommendation of the High Court has been taken by the State for the post of Administrative Officer (Judicial) while it was accepted for five other posts where also equivalent cadre post in the Sub-ordinate Courts was identified by the Committee.;


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