- (1.) INSTANT petition has been filed jointly by Eleven petitioners with the grievance that on being absorbed as Gram Sevak cum Sachiv vide orders dt.28/04/2000, 15/01/2001, 10/04/2000 & 13/03/2000 (Ann.1 to 5), they were placed on probation for two years on a consolidated salary of Rs.1200/- & despite expiry of period of probation, they have not been fixed in regular pay scale of the post and are still continued to be on fixed/consolidated salary.
(2.) HOWEVER, order has been passed by Department of Rural Development and Panchayati Raj, Government of Rajasthan, Jaipur on 13/08/2008 (Ann.8) giving regular pay scale of Gram Sevak who are appointed on fixed pay. Counsel for petitioners submits that once they have completed two years period of probation, they are entitled for the salary in regular pay scale of the post of Gram Sevak held by them and Circular dt.13/08/2008 has been issued by State Government also to this effect. Counsel further submits that an amendment was made in Rajasthan Services Rules, 1951 vide Rajasthan Serviced (Amendments) Rules, 2006 by inserting proviso to Rule 24, making it effective from 20/01/2006, as per which an incumbent having remained on probation trainee for two years shall receive a fixed remuneration at the rates prescribed by State Government from time to time and on completion of probation period, he would be entitled for minimum pay of the pay scale of the post immediately following the date of successful completion of probation period; in such circumstances, in terms of amendment notification, the petitioners on having completed probation period are entitled to get regular pay scale and denial whereof and continuing them on the consolidated salary are in clear violation of Art.14 of the Constitution. In support, Counsel placed reliance upon judgment rendered by Division Bench in Prashant Bohra Vs. State (2005(1) WLC (Raj.) 264). Counsel for respondents on the other hand submits that petitioners were earlier working on daily wages basis in various municipalities in Octroi Cell; however, on abolition of octroi duty pursuant to policy decision of State Government, all such employees working in municipality engaged in collecting octroi duty were absorbed on equal/equated posts; as such they were absorbed as Gram Sevak and placed on probation on a fixed salary of Rs.1200/- per month, which was revised from time to time but merely because they have completed probation period, cannot be held to entitle for regular pay scale. Government Counsel further submits that judgment on which Counsel for petitioners placed reliance, has no application in the facts of instant case because the Government later on took decision vide circular dt. 13/08/2008 for grant of regular pay scale; from which date and pursuant thereto, they are entitled for the regular pay scale and not anterior thereto, since the circular being prospective in nature. This Court has considered contentions made by both the Counsel for parties and with their assistance, examined material on record. Facts having come on record are not controverted that persons like the petitioners were initially employed in Octroi Cell of various municipalities and due to abolition of the octroi duty pursuant to policy decision taken by State Government, present petitioners were absorbed as Gram Sevak and placed on probation of two years on fixed remuneration of Rs.1200/- per month and even after completion of probation period of two years, while holding the post on which they were appointed, still regular pay scale was not made admissible to either of such employees/ petitioners.
(3.) HOWEVER, it is an admitted case that decision has been taken by the State Government at a later stage vide Circular dt. 13/08/2008 for grant of regular pay scale to such employees like petitioners. But question certainly arises that once incumbent having completed probation period of two years, can still they be denied of regular pay scale of the post held by them or they are to be continued on fixed remuneration. A similar controversy was examined by Division Bench in regard to persons having been appointed upon selection and were placed on probation of two years. In Prashant Vohra Vs. State (supra), Division Bench finally observed that after completion of two years' period of probation, that makes the incumbent entitled for regular pay scale and that apart, amendment in RSR has been made by State Government vide Rajasthan Service (Amendment) Rules, 2006 and it appears to be reasonable that once incumbent has completed period of probation, is entitled for regular pay scale and cannot be continued on fixed remuneration. Division Bench observed ad infra : 4. It is not in dispute that the appellants were given meagre salary in spite of the fact that before their appointment they have been declared successful in written examination held for selection candidates for the post of Gram Sewak-cum-Paden Secretary. Though the appellants were functioning as Gram Sewak cum Paden Secretary with effect from 15/11/1999 the salary which was being paid to them was not the salary of that post. The admitted position is that the post carried pay scale of Rs.3200-85-4900 while they were being paid consolidated salary of Rs.1200 per month. 6. In the facts and circumstances of the case, the appeal is allowed and the order of the learned Single Judge is set aside. It is directed that the appellants shall be given notional benefits of the pay scale of Rs.3200-85-4900 from the date of their initial appointment till 1st June, 2002. Thereafter they shall be given actual benefit of the regular pay scale and their salary shall be fixed afresh within a period of two months. We would also like to clarify that neither expressly nor by implication we have held the appellants to be entitled to secure actual payment of salary on the basis of pay scale of Rs.3200-85-4900 from the date of initial appointment to the date of confirmation. It is only from the date of confirmation that the appellants will be entitled to limited relief as indicated above. Thus, this Court does not find substance in the contention made by Government Counsel that in view of Circular dt.13/08/2008, petitioners are not entitled for regular pay scale prior to the date of circular. In the opinion of this Court, there appears to be no impediment nor any Rule has been pointed out by Government Counsel which could deprive petitioners from seeking their fixation in regular pay scale on completion of two years period of probation; as such in considered opinion, denial of their fixation in regular pay scale of the post of Gram Sevak immediately on completion of two years period of probation cannot be held to be justified in the light of what has been observed by Division Bench in Prashant Vohra Vs. State (supra). Consequently, writ petition succeeds and is hereby allowed. Respondents are directed to fix each of petitioners in their regular pay scale of the post of Gram Sevak from the date of their completion of probation period of two years after they being absorbed as Gram Sevak; and after due fixation & computation as directed (supra), they are also entitled for pay scale of Gram Sevak, subsequently revised from time to time, their arrears be computed and paid within three months. No order as to costs. ;