- (1.) HEARD learned counsel for the parties.
(2.) THIS contempt petition has been filed by the petitioners for the alleged deliberate disobedience committed by the respondents of the directions issued by a Coordinate Bench of this Court disposing of the writ petition vide the order dated 18.03.2011 with the following directions while disposing of the writ petition No.124/2009: - "The petition for writ, therefore, deserves to be allowed. The amendment introduced in the Rules of 1969 under the notification dated 7.8.2002 changing the pay-scale prescribed for the post of Mechanical (Instrument Repair) with retrospective effect is quashed. The petitioner is declared entitled to be fixed in the pay- scale of Rs.120-240 on the date of his initial appointment. The petitioner is also declared entitled for all consequential benefits. The judgment impugned dated 14.10.2008 passed by Rajasthan Civil Services Appellate Tribunal too is quashed and the appeal preferred by the petitioner i.e. Appeal No.567/2000 (Sirazudin Vs. State and Ors.) is allowed." The petitioner came in the present contempt petition because the due pay scale benefits were not given to him by the respondents. Reply to the contempt petition has been filed along-with documents and additional pleadings in the form of rejoinder and additional affidavit/s have also been filed in pursuance of interim order in the present contempt petition on 06.12.2012 directing the petitioner to appear before the Respondent No.1- Director, Technical Education, Jodhpur on 10.12.2012 to explain his claim regarding fixation of pay and the respondent No.1 heard him and an order dated 11.12.2012 has been passed by which pay fixation of the petitioner has been made. The said order dated 11.12.2012 has been placed on record as Annex.R/4 dated 11.12.2012 (produced along- with "Fard-Talbana" on 13.12.2012). The same has not been challenged by the petitioner.
(3.) LEARNED counsel for the respondents submitted that the petitioner was directed to be paid 'consequential benefits' as Mechanical (Instrument Repair) in the order of this Court, quoted above, however, the petitioner claimed the pay scale payable to the Technician, a higher post than that of Mechanical (Instrument Repair). This bifurcation of the two cadres appears to have been made in the year 1983 and vide Page 18 of the additional affidavit filed by the petitioner, the earlier pay scale of 120-240, which was equivalent to 370-590 as per Schedule-I of Gazette Notification dated 07.12.1976, the said pay scale for the Technician was revised to 500- 860 vide Rajasthan Civil Services (Revised Pay Scale) Rules, 1983 (P. 18 of the compilation), in which the cadre of Mechanical (Instrument Repair) was at Serial No.8 with the old pay scale of 295- 500, which was revised to 420-740 as against that of the Technician, which was equivalent with the pay Scale of 370-590, was revised to 500-860. He further submitted that since the petitioner was promoted as Technician in the year 1990 only, much-after 1983 and thereafter he was paid the regular pay scale of Technician, however, prior to 1990 he could not be paid such pay scale of Technician as per the revised pay scale in the Rules of 1983 but he was duly paid the revised pay scale of Mechanical (Instrument Repair), which was 420- 740 and, therefore, he submits that the order passed by this Court stood complied with in its letter and spirit and, so also, in pursuance of interim order of this Court dated 06.12.2012, revised order has been passed and pay fixation has been made at the end of the respondents. Therefore, the present contempt petition deserves to be dismissed.;