- (1.) The petitioners were appointed as Amin on various dates ranging from 8th January, 1979 to 27th July, 1979 under the Rajasthan Sub-ordinate Services (Recruitment and other Service Conditions) Rules, 2001 (hereinafter 'the Rules of 2001'). The next higher post under the aforesaid Rules of 2001 is that of Inspector (Land Record). The petitioners however, were stagnating on the post of Amin owing to the structure of their service with few promotional posts, as such the petitioners became entitled to three selection scales at the end of 9-18-27 years of service on the post of Amin under the circular dated 25th January, 1992 issued by the Government of Rajasthan. It is an admitted fact that all the petitioners availed the last of the 3rd selection scale under the circular dated 25th January, 1992 on the post of Amin between 8th January, 2006 to 27th March, 2006. The salaries of the petitioners were re-fixed at the time of commencement of the Sixth Pay Commission effective 1st September, 2006 at Rs. 18150/-. Thereafter, effective 1st July, 2007, the petitioners were getting a salary of Rs. 18,700/-.
(2.) The petitioners' case is that Sukha Ram Sharma, Babu Lal Meena, Gulab Chand Mahawar and Satya Narain Namdev all juniors to them (hereinafter 'Juniors') were appointed on the post of Amins between 8th January, 1980 to 12th March, 1980. They similarly availed the benefit of circular dated 25th January, 1992. However, before coming into force of the Six Pay Commission effective 1st September, 2006, the aforesaid Juniors had availed only of the 2nd selection scale and not the 3rd selection scale as they had not completed 27 years of service on the post of Amin. They were fixed at the relevant time on the implementation of the Six Pay Commission effective 1st September, 2006 at Rs.17090/-. Thereafter, on completing 27 years of service between 8th January, 2007 to 12th March, 2007, benefit of 3rd selection scale was granted to the Juniors, who effective 1st July, 2007 were granted pay of 18760/-. This was higher than Rs.18700/- which was the pay fixed for the petitioners.
(3.) It is submitted that in these circumstances, representations were made by the petitioner to the Settlement Officer, Kota for setting right the pay anomaly aforesaid praying that it be set right under Rule 16 of the Rajasthan Civil Services (Revised Pay) Rules, 2008 (hereinafter 'the Rules of 2008'). On receipt of the representation of the petitioners, since grievance of the petitioners was in conformity with Rule 16 of the Rules of 2008, vide order 30th October, 2009, the petitioners' pay was stepped up by Rs.60/- making their pay equivalent to that of Juniors. Consequently, the petitioners were fixed on the pay of Rs. 18760/- as of 1st July, 2007 equivalent to the juniors and the arrears as computed thereupon paid to the petitioners.;