M.R. Calla, J. - (1.) Eight writ petitions were decided by the learned Single Judge on 16th February, 1996. These three appeals directed against the aforesaid judgment dated 16th February, 1996 arise out of the writ petitions Nos. 2314/83, 2315/83 & 2136/83 as had been filed by Sobhag Chand Mathur, Shyam Sundar Sharma and Ghanshyam Upadhyay respectively. Wheras all these three appeals are directed against the common judgment and order and involved common question based on identical facts, we propose to decide all these three appeals by a common judgment and order as under:
(2.) The appellants herein were working as Wool Graders in the pay scale of Rs. 130-300 with special pay of Rs. 20/- in the Sheep & Wool Department with effect from 7.2.1996. They were later on confirmed and after their confirmation they were declared surplus to the requirement of Sheep & Wool Department vide order dated 4.1.73 as the posts of Wool Graders stood abolished. At the time, when they were declared surplus, they were drawing basic pay Rs. 170/- in the pay scale of Rs. 130-300 and Rs. 20/- as special pay. All these three appellants were then absorbed in the Food Department as Enforcement Inspectors vide order dated 29th March, 1973 with effect from 21st March, 1973. At that time, pay scale of the post of Enforcement Inspector was Rs. 150-330. On absorption, their pay was fixed by order dated 16th August, 1973 with effect from 22nd March 1973 at basic pay Of Rs. 174/k and Rs. 116/- as personal pay. In this order dated 16th August 1973, It was specifically mentioned that these employees had drawn special pay for a period of two years In the Sheep & Wool Department and therefore they were entitled to the personal pay as mentioned against each of their names In accordance with Rule 20-B of Rajasthan Services Rules. This personal pay shall be adjusted against future Increment and next increment date would' be counted from the date of taking charge of this department after one year as an absorbed employee as is mentioned In Rule 31 of RSR. It may be mentioned that in this order dated 16th August, 1973, there was no mention of the order of Finance Department (Ex Rules) which was Issued on 30th November, 1962 and In which reference for the purpose of fixing pay was made to rule 26-B of RSR. However, an order was issued on 27th May, 1977 stating therein that earlier orders with regard to fixation of pay of these employees under rule 26-B of RSR had been Issued but In accordance with the opinion received from the Finance Department, their fixation was wrong and therefore the same is set aside and fixation of these employees were revised with reference to Finance Department order and now fixed at the basic pay of Rs. 166/- with personal pay of Rs. 4/-. Thus, they were put to a loss of Rs. 20/- per month in the matter of fixation of pay. The relevant portion of the order of Finance Department dated 30th Nov 1962 is as under: GOVERNMENT OF RAJASTHAN FINANCE DEPARTMENT (EX RULES) No.F.1(77)FD(A)/Rules/62 dated 30th Nov. 1962 Sub:- Regulation of pay and allowances etc. of the employees rendered surplus as a result of economy measures. As a result of economy measures a large number of Government servants have been declared surplus. Following clarifications are issued in regard to regulation of pay, travelling allowance and other allowances etc. of such employees. The matter has been examined and Governor has been pleased to order that: (1) .......................... (2) the surplus employees shall draw pay and special pay which they were drawing immediately before they were declared surplus. (3) .......................... (4) .......................... - (5) .......................... (6) The pay of an employee on absorption shall be regularated In accordance with provisions contained in Rule 26 (a) (ii) of the Rajasthan Service Rules (Amended). The pay and allowances of surplus employees shall however be debited to Account Head mentioned in GAD Order No. E1 (13) 1 /GA/C/62 dated 12.6.1962. SD/- (R.D. Thaper) Finance Secretary The contents of order of Finance Department dated 22nd January 1963 are reproduced as under: GOVERNMENT OF RAJASTHAN FINANCE DEPARTMENT (EXPENDITURE RULES) No.F.1(77)/FD (A) Rules/62 dated 22.1.1963 Sub:- Regulation of pay and allowance etc. of employees rendered surplus as a result of economy measures. In this department order of even no. dated 30.11.1962 (are 2 (6) may be substitute by the following: "(6) the employees on absorption in the new post shall be fixed at the stage of the time scale equal to the last drawn by him (excluding special pay, if any) in the post from which he was rendered surplus, or if there is no such stage, in the stage next below that pay plus personal pay equal to difference. The increment in the pay scale of the new post shall be allowed on the date he would drawn his increment had he continued. SD/- R.P. THAPER, Finance Secretary to Govt.
(3.) The employees-appellants represented against the order dated 27.5.1977 and they were informed vide letter dated 22nd July, 1981 by the Additional Food Commissioner that according to the opinion of Finance Department the fixation of pay as was made on 27.5.77 was correct and no amendment order was required to be passed and thereafter the appellants preferred appeals before the Rajasthan Civil Services Appellate Tribunal in September, 1981 and their appeals i.e. Appeal No. 654/81 filed by Sobhag Chand Mathur, Appeal No. 647/81 filed by Shyam Sunder Sharma and Appeal No. 664/81 filed by Ghanshyam Upadhyay were decided by a common judgment and order dated 19.2.1982. The Tribunal allowed their appeals and quashed the orders dated 27.5.77 and 22.7.81 to which we have already made a reference hereinabove. The Tribunal also directed the respondents to fix the pay of the appellants in accordance with the order dated 16.8.1973 and pass necessary orders in this regard within a period of two months. This order dated 19th February, 1982 as was passed by the Rajasthan Civil Services Appellate Tribunal was challenged by way of filing eight writ petition by the State before the Court and all these eight writ petitions were decided by a common judgment and order dated 16th February, 1996 whereby the writs filed by the State were allowed and the order passed by the Tribunal was quashed and set-aside. The present appellants were the respondents in the respective writ petitions. Aggrieved from the order dated 16.2.96, these three employees have filed the present appeals.;