Mohammad Rafiq, J. - (1.) THESE three writ petitions were filed by petitioners, namely, Bhanwar Lal Khati, Prem Kumar Nagar and Rajendra Prasad Sharma, who have been serving as Constable in the respondent Department since 1962, 1977 and 1979, respectively, with prayer that respondents be directed to provide them benefit of pay scale of post of Electronic Data Processor from the date of their initial appointment with all consequential benefits; in alternative, prayer is made to provide them benefit of pay scale of Electronic Data Processor, which is applicable in National Crime Record Bureau as well as in other States, from the date of their initial appointment. Further prayer has been made that the respondents be directed to provide them benefit of promotion, which is being provided in other wings of Police, like - Finger Print Bureau and CID -CB, with retrospective effect as the petitioners were not called for qualifying examination.
(2.) CONTENTION of Shri Tej Prakash Sharma, learned Counsel for petitioners, is that petitioners were initially appointed as Constable with the Superintendent -I, CID -CB, Rajasthan, Jaipur, vide order dated 06.05.1962, 04.03.1977 and 28.09.1979, respectively, in the pay scale of 250 -360. They were posted in computer cell in the Office of Director, Rajasthan State Crime Record Bureau, Jaipur. Ever since their posting, they were being required to work as Data Entry Operator in the said Office, yet they are being paid salary of post of Constable. Even otherwise, they were entitled to promotion to the post of Head Constable as per Schedule appended to the Rajasthan Police Subordinate Service Rules, 1989, however, their that right was curtailed. The petitioners requested the respondents time and again while working in the Rajasthan State Crime Record Bureau that they have limited chance of promotion and, therefore, either post of Head Constable should be sanctioned in that Bureau or they should be allowed benefit of pay scale of Electronic Data Processor, i.e. 1150 -1500 for Group A and that of 1350 -2200 for Group B post of EDP. In this connection, reference was made to the letter dated 06.05.1991 of the Deputy Secretary to the Government of India issued to Director General, National Crime Record Bureau, New Delhi. The petitioners submitted that they should be paid the pay scale of EDP on same pattern on which it was granted in National Crime Record Bureau. It is contended that the Director, State Crime Record Bureau, Jaipur, recommended to the Government that post of Constable be upgraded to that of Head Constable; reference was made to letter dated 04.02.1991. The respondent No. 4 issued a letter on 21.09.1987 mentioning therein that 15 Constables, who have been working continuously from last 10 years and completed 10 years of service as Data Entry Operators in Computer Cell, should be provided facility of training for promotion to next higher post. The Director General of Police issued an order on 01.10.1988 agreeing to that proposal and it was directed that as and when qualifying examinations are conducted, they shall also be called in as per their eligibility on respective posts.
(3.) DESPITE issuance of letter by the Director General of Police on 01.10.1988, the Constables working in the State Crime Record Bureau were not called in the examination held in the years 1989, 1990, 1992, 1994 and 1995.;