Mohammad Rafiq, J. - (1.) PETITIONER has filed this writ petition praying for a direction to respondents to grant him Pay Scale No. 9 with effect from 10.05.1985, the date on which he was initially promoted on the post of Senior Munshi, and that he may be granted difference of Pay Scale No. 7 to Pay Scale No. 9, from that date.
(2.) SHRI Banwari Sharma, learned counsel for petitioner, submitted that the petitioner was initially appointed on the post of Time Keeper on 01.02.1964. Vide order dated 07.12.1984, the post of Munshi, Store Munshi and Time Keeper were upgraded to the post of Senior Munshi. By that order, the persons working in pay scale No. 7 were upgraded in pay scale No. 9 and it was also stated therein that the persons working on the posts of Munshi, Store Munshi and Time Keeper and completed 10 to 15 years of service, will be given promotion as per their seniority on the post of Senior Munshi with immediate effect. By order dated 10.05.1985, 22 persons were given upgradation on the post of Senior Munshi and their pay scale was fixed in the pay scale of 520 -925. A list of candidates was also issued with that order, wherein the petitioner stood at Serial No. 22 and respondent No. 4 Brij Kishore stood at Serial No. 21, i.e. one slot above the petitioner. Aforesaid order dated 10.05.1985 was modified by corrigendum dated 11.12.1987, which mentions that as advised by the Deputy Secretary to the Government, Public Works Department, Rajasthan, Jaipur vide order dated 19.10.1987, the order dated 07.12.1984 regarding upgradation of 20% posts of Munshi, Store Munshi & Time Keeper (Pay Scale No. 7) was amended to the effect that for the words "Senior Munshi", wherever appearing, shall be substituted by the words "Supervisor (Store's) (Pay Scale No. 9) with effect from 07.12.1984. In the list appended to that order, the respondents, apart from promoting to those who were promoted under the earlier order dated 10.05.1985, have also additional promoted four juniors to the petitioner, namely, Jagdish Kumar, Rama Kant, Uma Shankar and Ram Gopal, whose names appeared at Serial No. 23 to 26 therein. Learned counsel for petitioner submitted that though all others including aforementioned four juniors to the petitioner, were granted Pay Scale No. 9, the benefit of that Pay Scale was denied to the petitioner on the plea that requisite period of ten years of his appointment fell short by 14 days.
(3.) AS per own case of the respondent set up in the reply, the petitioner was initially appointed on the post of Helper Gr. I on 01.02.1964 and thereafter promoted on the post of Time Keeper vide order dated 24.12.1975.;