- (1.) This writ petition has been filed by petitioner Jitendra Kumar Saxena challenging the order dated 07.06.2006 issued by the respondent by which he was denied the pay protection and seeking direction to the respondent to fix the initial basic pay of the petitioner at Rs. 6950/- in the pay scale of Rs. 6500-200-10500 with effect from 27.12.1999 the date on which he joined the post of Assistant Commercial Taxes Officer (for short, "the ACTO"), and further to grant him annual grade increments accordingly. Prayer has also been made to pay arrears thereof with interest at the rate of 24% per annum.
(2.) The petitioner was initially appointed on the post of Junior Engineer (Degree Holder) in the Public Health and Engineering Department vide order dated 02.11.1994. His appointment was made on ad hoc on temporary basis for a period of three months or till regularly selected candidates became available, whichever is earlier. His appointment was described as Junior Engineer degree holder (Mechanical) in the pay scale of Rs. 1400-40-1600-50-2300-60-2600. Since he petitioner and other candidates were degree holders, their salary was fixed at a higher initial basic pay of Rs. 1850/- as they were given ten increments in the said pay scale. It was made clear in the office order dated 02.11.1994 that they will also be paid the dearness allowances and other applicable allowances as per Rules of the State Government in this regard.
(3.) Shri Pradeep Choudhary, learned counsel for the petitioner, argued that while the petitioner was working as Junior Engineer with the PHED, he applied for permission to appear in the Rajasthan Administrative Services examination. He was allowed by the department to appear therein and "no objection certificate" to this effect was issued by the Chief Engineer (Rural), PHED, Government of Rajasthan, Jaipur. After qualifying the RAS examination, the petitioner was appointed as Assistant Commercial Taxes Officer vide order dated 22.12.1999, in the Rajasthan Commercial Taxation Services. The petitioner was relieved by PHED to join training for the new post. Along with the relieving order, the petitioner was also given the last pay certificate (for short, "LPC") for the month of December, 1999. From the LPC of the petitioner for the month of December, 1999, it is evident that at the time of relieving, his basic salary was Rs. 6950/- per month in the pay scale of Rs. 5000-150-8000. According to Shri Pradeep Choudhary, learned counsel for the petitioner, the petitioner was entitled to protection of his pay in new appointment on the post of ACTO. He was rather illegally fixed at Rs. 6500/- at minimum of the pay scale of Rs. 6500-200-10500 from the date of his joining in the Rajasthan Commercial Taxation Services on 27.12.1999 as ACTO and an order to this effect was issued on 16.01.2002 by the Deputy Commissioner (Administration), Headquarters, Commercial Taxation Department, Government of Rajasthan, Jaipur. The petitioner submitted number of representations to the Department and also to the Government. Last such representation was submitted on 12.05.2005, but nothing was done in the matter. The petitioner later came to know that the respondent department had earlier protected the pay/salary of one similarly situated person, namely, Shri Hari Singh Charan, who was also working as Junior Engineer in Public Works Department. His basic pay in the Public Works Department was at Rs. 2150/- when he joined as ACTO in the Commercial Taxation Department. After his joining as ACTO, his basic pay was fixed at Rs. 2150/- (which he was receiving in his previous department on the post of J.En.) in the pay scale of Rs. 2000-60-2300-75-3200-100-3500 as per the provisions of Rule 26(1)(b)(ii) of the Rajasthan Service Rules, 1958 (for short, "the Rules of 1958"), and an order dated 20.07.1994 to this effect was issued by the Deputy Commissioner (Administration), headquarters, Commercial Taxation Department, Government of Raja-sthan, Jaipur. In the order dated 20.07.1994 it was clearly mentioned that since there is no equal stage available in the same time scale in the pay scale of ACTO, therefore his basic salary was fixed at next below stage of Rs. 2120/- and differential amount of Rs. 30/- was paid as personal pay as per the Rules of 1958.;