- (1.) By way of this intra-court appeal, the employers-appellants seek to question the order dated 23.08.2011 as passed in CWP No.5040/2007 whereby, the learned Single Judge of this Court has allowed the writ petition filed by the employees-respondents on their grievance against the impugned order dated 04.08.2007 (Annex.11) whereby, the regular pay scales already granted to them after 3 years of service were sought to be withdrawn; and they were sought to be put on probation and on consolidated salary.
(2.) Briefly put, the relevant background aspects of the matter are as follows: Under an advertisement No.70/2000-2001 (Annex.1), the appellant Rajasthan State Road Transport Corporation ('the Corporation') invited applications for preparing a panel for recruitment to the post of driver. Note No.3 in the said advertisement had been to the effect that the candidates employed from the panel shall be given a fixed salary of Rs.2,100/- per month in the first year of engagement; and upon satisfactory service, would be given another Rs.150/- over Rs.2,100/- per month in the second year of engagement and Rs.200/- over the fixed salary of Rs.2,100/- per month in the third year. It was also provided that upon completion of 3 years of satisfactory service, the driver employed shall be fixed in the regular pay scale.
(3.) After the process of selection under the advertisement aforesaid, the respondents herein were placed on the select panel; and were accorded appointments under different orders issued in the years 2001 and 2002. The respondents continued to work with the appellant-Corporation and in due course of time, by the different orders issued in the years 2006 and 2007, each one of them was given the appointment in the regular pay scale. However, suddenly, the Chief Manager of the Corporation at its Nagaur Depot issued the impugned order dated 04.08.2007 (Annex.11) seeking to withdraw the pay scales already granted to the respondents and, instead, to appoint them on a fixed salary of Rs.3,000/- per month and on a probation of 2 years with the stipulation that after satisfactory completion of 2 years of probation, they would be given the regular pay scale. This order dated 04.08.2007, the bone of contention in the writ petition, reads as under:- XXX XXX XXX;