JUDGEMENT
M.B. Sharma, J. -
(1.) THE points involved in all the writ petitions are identical and therefore they are being disposed of by a common order.
(2.) IT will be suffice to give the facts in S.B. Civil Writ Petition No. 2103 of 1980. The petitioner is a Graduate and came to be appointed as Meter Reader vide Order dated June 19, 1973 of the Executive Engineer (DD), Jaipur, Rajasthan State Electricity Board (short 'Board' here in after). He joined as such on June 19, 1973 and since then he is continuing in the pay scale of Rs. 80 -5 -110 -6 -152 -7 -194. Prantiya Vidhjut Mandal Mazdoor Federation was a recognised Trade Union of the Board some where in the year 1970. It presented a demand before the Labour Department of the Government of Rajasthan. While the industrial dispute was pending between the Union and the Board, on February 22, 1972 during the course of conciliation proceedings a settlement was arrived at and it was agreed that the existing scales of pay of various categories of post would be revised with effect from 1st April, 1969 in accordance with pay scale set out in Annex. 'A' to the settlement (to be referred here after as the past settlement). Pay Scale No. 2 was Rs. 80 -5 -110 -6 -152 -7 -194. Pay scale No. 3 was of Rs. 126 -8 -150 -10 -250. In the past settlement the post of Meter Reader/Checker was placed under the aforesaid pay scale No. 3 at item Ho. 21. The aforesaid settlement was sought to be modified by an amendment dated December 6, 1972 ( Annexure 3) (to be referred here after as second settlement) and in schedule to Annexure 'A' of the first settlement under pay scale No. 2 Technical, category No. 7 Meter Reader II/Meter Checker II and a note to the following effect was inserted:
Meter Reader II/Meter Checker II appointed/promoted/adjusted/ fixed on or before 31 -3 -1968 will be fixed in pay scale No. 3 instead of pay scale No. 2.
In Schedule 'A' to the first settlement under pay scale No. 3 Technical for category So. 21 Meter Reader/Meter Checker "No. 21, Meter 'Reader 1/ Meter Checker 1" was substituted.
The case of the petitioner is that the validity of the notification dated December 6, 1972 (second settlement) was challenged by way of a writ petition before this Court, and ultimately this Court allowed the writ petition vide judgment dated March 21, 1979 (Brijlal v. Rajasthan State Electricity Board, Jaipur) and notification dated December 6, 1972 was quashed.
(3.) The Board in reply to the show cause notice issued to it does not dispute that in the aforesaid case this Court had quashed the notification dated December 6, 1972. According to the Board so far as the petitioners are concerned, they were appointed even after the second settlement. The posts were advertised as Meter Reader [[ in the scale of Rs. 80 -194. The petitioner Shantilal was selected and joined on the said post so he is thus estopped now from challenging the grades which were offered to him and which he accepted.;
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