AMITAVA ROY, J. - (1.) THE challenge laid in the instant appeal is against the judgment and order dated 16.12.2008 passed in S.B.Civil Writ Petition No.2891/2007 partially granting reliefs as sought for by the respondents-herein. Thereby, the appellant was directed to allow to the respondents pay in the scale of 800- 1250 as Gardeners as per notification dated 15.11.1995 referred to soon hereafter and subsequent thereto in the pay scale of 2650-4000 with effect from 1.9.1996. They were also declared to be eligible for benefits consequential to the fixation of their pay as above.
(2.) WE have heard Mr.Kailash Joshi, learned counsel for the appellant and Mr.Ravi Bhansali, learned counsel for the respondents. Briefly stated, the facts relevant for the purpose of instant adjudication are that the respondents-herein had been serving as Gardeners under the appellant-Council being appointed in that capacity during 1978 to 2000. According to them, they are permanent and regular employees of the Council and their pay as Gardeners was revised by it in the year 1990. It was in between that revision in the pay scale of equivalent posts had been effected by the State Government in terms of the Rajasthan Civil Services (Revised Scale) Rules, 1989 (hereafter referred to as "the 1989 Rules"). The respondents and others equally placed having raised a demand for according further revision in their pay scale to be brought at par with their counter-parts in the State service, following an examination of the claimed anomalies in such pay scales, the Local Self Department of the State Government vide notification dated 15.11.1995 in exercise of the power under Section 297(1) of the Rajasthan Municipalities Act, 1959 (in short, hereinafter referred to as "the Act") prescribed the revised pay scales for the posts as referred to therein. Admittedly, at that point of time, the respondents as Gardeners with the Council have been receiving the pay scale of 750-940. The three posts relevant for the present purpose as mentioned in the list of posts in the notification dated 15.11.1995 are quoted as under:- JUDGEMENT_43_TLRAJ0_2013 s1.htm
(3.) THE circular dated 27.11.1995 followed was also issued by the same Department referring to a doubt with regard to the applicability of the pay scale mentioned in the Notification dated 15.11.1995 to Class-IV employees. The Circular purportedly clarified that revision in the pay scale of Class-IV employees referred to in the notification dated 15.11.1995 would apply only to unclassified posts of Class-IV servants not included in the staffing pattern of the Municipalities and would be inapplicable to other Class-IV servants.;