- (1.) HEARD learned counsel for the parties.
(2.) PETITIONERS have preferred this writ petition with the following prayers:- "i) By an appropriate writ, order or direction, the order dated 11.9.96 may kindly be quashed by which the nomenclature of the post has been changed. ii) By an appropriate writ, order or direction the Hon'ble Court may kindly declare that the petitioners are entitled for the pay scale of 1200-2050 in accordance to the revised pay scale Rules, 1992 made in pursuance of the recommendation of Samata Committee and the petitioner may kindly be awarded consequential benefits arising out of it. " Submission of learned counsel for petitioners is that petitioners were appointed by a Selection Committee on the post of Mistry Grade-II in the pay scale No.9 i.e. 520-925 on temporary basis in the year 1983. Their services were continued from time to time. The pay scale of Mistry Grade-II was revised from 895-1720 to 1200-2050 by way of amendment in the Rajasthan Civil Services (Revised Pay Scales) Rules, 1989 with effect from 1st September, 1988 vide notification dated 1st February, 1992. He submitted that vide order dated 11nt September, 1996, the nomenclature of Bio-gas Mistry Grade-II has been changed to Bio-gas Prasar Karya Karta. He submitted that subsequently in the year 1996, the services of petitioners were terminated and they have already preferred writ petition challenging their order of termination. The writ petition of the petitioners has been admitted and is pending for hearing. He submitted that so far as the present writ petition is concerned, it relates to grant of pay scale to petitioners in the pay scale of Rs. 1200-2050 in view of amendment made vide notification dated 1st February, 1992 in the Rajasthan Civil Services (Revised Pay Scales) Rules, 1989, therefore, a direction is required to be issued to the respondents to grant the pay scale of 1200-2050 with effect from 1st September, 1988 till 1996, when their services were terminated. Learned counsel for petitioners also submitted that the pay scale of Mistry Grade-I was also revised from 1120-2050 to 1400-2600. The number of Mistry Grade-I preferred writ petitions before this Court for revision of their pay scale and their writ petitions were allowed by Single Bench of this Court and they all were granted the revised pay scale of Mistry Grade-I i.e. 1400-2600. The State of Rajasthan thereafter preferred Special Appeals before the Division Bench against order of Single Bench and Special Appeals filed by State of Rajasthan were dismissed. Thereafter, State of Rajasthan also preferred Petition for Special Leave to Appeal (Civil) before Hon'ble Apex Court, which was also dismissed. He submitted that so far as grant of revised pay scale to Mistry Grade-I in the pay scale No.12 i.e. 1400-2600 as per notification dated 1st February, 1992 in Rajasthan Civil Services (Revised Pay Scales) Rules, 1989, the same has attained finality. So far as present writ petition of Mistry Grade-II] is concerned, the same could not be disposed off along with connected writ petitions of those persons who were holding the post of Mistry Grade-I. The present writ petition has now come for hearing, whereas controversy, involved in the present case, is fully covered by a decision of Single Bench, Division Bench of this Court, which has attained finality in the case of persons holding the post of Mistry Grade-I. Learned counsel for petitioners also submitted that in the cases of Mistry Grade-I, the Nomenclature of post of Mistry Grade-I was also changed from "Bio-gas Mistry Grade-I " to "Bio-gas Mistry " vide order dated 9th November, 1995 (Annex.8), which was quashed by Single Bench and order of Single Bench was affirmed by Division Bench as well as Hon'ble Apex Court, while dismissing the Special Appeal as well as Petition for Special Leave to Appeal (Civil) filed by the State.
(3.) LEARNED counsel for respondents has not disputed that petitioners were appointed on the post of Mistry Grade-II in the year 1983 and they were holding the post continuously till 1996, when their services were terminated. He has not disputed that the Amended Rule vide Notification dated 1st February, 1992 is still inforce. He also does not dispute that case of Mistry Grade-I have attained finality when their writ petitions were allowed by Single Bench and Special Appeals filed by State were dismissed and, thereafter, Petition for Special Leave to Appeal (Civil) filed by State has also been dismissed. The submission of learned counsel for respondents is that petitioners were not educationally qualified for the post of Mistry Grade-II, therefore, their nomenclature of their post was changed vide notification dated 11th September, 1996. However, during the course of arguments, he could not satisfy this Court that the question of educational qualification of the petitioners on the post of Mistry Grade-II was not disputed during the period from 1983 to 1996. He also admitted that another writ petition of petitioners against their termination order passed in the year 1996 is pending. The present matter relates to grant of pay scale No.9 i.e. 1200-2050 in view of notification dated 1st February, 1992, whereby Rules of 1989 were amended and pay scale was revised with effect from 1st September, 1988. I have considered the submissions of learned counsel for the parties. ;