- (1.) Through this writ petition, petitioner No.1 i.e. Association of Members of Rajasthan Vidhi Seva ( a body which is not registered) seeks to espouse the cause of the members of the Legal Service in Rajasthan and petitioner No.2 who is working as Legal Assistant have sought directions in the matter of pay scales of Legal Assistant and Head Legal Assistant as Rs.860-1750 and Rs.1000-1800 with retrospective effect from 1st September, 1981. This writ petition was filed on 8th March, 1984 and thereafter the Rajasthan Civil Services (Revised Pay Scales) Rules, 1989 came into force from 1st September, 1988. Therefore, the matter has been argued claiming the corresponding pay scales as per the Rajasthan Civil Services (Revised Pay Scales)Rulcs, 1989.
(2.) As per the pleadings of the parties, contained in paras 3 to 13 of the writ petition and the reply to the writ petition filed on behalf of the respondents, it is the common case of the parties that on 10th August, 1973, Government of Rajasthan constituted a Committee known as Legal Service, Legal Aid and Law Reforms Committee, headed by the then Advocate General Dr. L.M. Singhvi with Revenue Commissioner, Finance Commissioner, Home Commissioner, Special Secretary (Personnel), Law Secretary-cum-Legal Remembrancer, Director, H.CM.State Institute of Public Administration as its Members and Joint Legal Remembrancer as its Member Secretary. This Committee discussed the matters relating to the terms of reference with the following eminent jurists, legal luminaries and constitutional functionaries of India and Great Britain before submitting its report to the Government of Rajasthan:- 1. Dr. G.S. Pathak, Former President of India 2. Mr. Justice P.N. Bhagwati, Judge, Supreme Court of India at the relevent time. 3. Mr. Justice P.B.Gajendra-gadkar, Former Chief Justice, Supreme Court of India, and Chairman Law Commission. 4. Mr. Justice V.R.Krishna Iyer, Former Judge Supreme Court of India. 5. Mr. Justice P.N.Singhal, former Chief Justice of Rajasthan, at the relevent time. 6. Mr. Justice B.P.Beri, Former Chief Justice of Rajasthan High Court. 7. Mr. Justice VP.Tyagi, Former Chief Justice of Rajasthan High Court. 8. Mr. Justice C.M.Lodha, Former Chief Justice of Rajasthan High Court. 9. Miss Justice Kanta Bhatnagar, Judge, Rajasthan High Court. 10. Mr. Justice D.L.Mehta, Judge, Rajasthan High Court. 11. Mr. Justice K.S.Lodha, Former Judge, Rajasthan High Court. 12. Mr. Justice Kan Singh, Former Judge, Rajasthan High Court. 13. Mr. Justice M.L.Shrimal, Former Chief Justice, Sikkim High Court and Lokayukta, Rajasthan, 14. Mr. R.C.S. Sarkar, Formerly Law Secretary, Government of India and Chairman Union Public Service Commission. 15. Mr. Justice Seton Pollock, Eminent Jurist, Great Britain. 16. Mr. Norman Marsh, the then Member, British Law Commission, Great Britain. 17. Mr. Justice L.N.Chhangani, Formerly Judge, Rajasthan High Court. 18. Mr. Marudhar Mridul, Sr. Advocate, Rajasthan High Court, Jodhpur. 19. Mr. P.N.Buxi, Formerly, Member Secretary, Law Commission of India. 20. Mr. J.S.Wasu, then Advocate General of Punjab. 21. Mr. N.L. Jain, Former Advocate General of Rajasthan.
(3.) Dr. L.M. Singhvi, Chairman of the Legal Services, Legal Aid and Law Reforms Committee submitted the report of the Committee to Shri Harideo Joshi, the then Chief Minister of Rajasthan on 19th June,1975. As per Pt. XXIV of Chapter 3 of the'report' the recommendations were as under:- "In our opinion there is every justification for constituting a Rajasthan Legal Service so as to allow the induction of Law Graduates with a minimum of two years experience at the Bar and to provide for appropriate avenue for their advancement and promotion." "The grade for the Rajasthan Legal Service should be roughly analogous to and at par with that of Assistant Commercial Taxes Officers or Assistant Registrars of Co- Operative Societies or Employment Exchange Officers. The scale should begin at Rs.300/- (at present Rs.860) with an annual increment of Rs.25/-. There should be an efficiency bar at Rs.600/- (at present Rs.1300/-). On crossing the Bar a Legal Assistant should be designated as Head Legal Assistant. Perhaps it would be better to designate him as Section Law Officer or Section Officer (Law). His grade should go up to Rs.800/- (at present Rs.1750/-) with a continuing annual increment of Rs.25/-. His scale of pay should thus be Rs.300-25-600-EB-25-800 (at present 860-20-900-25-1000-30-1300-40-1500- 50-1750). Appropriate Rules under Article 309 may be framed to constitute of Rajasthan Legal Service.;