Dr. Vineet Kothari, J. - (1.) THE lawyers are observing strike which is contrary to various Supreme Court decisions. Names of Mr. Rishabh Sancheti, Mr. M.S. Godara, Mr. Sandeep Shah and Mr. Digvijay Singh, counsel for the petitioner are shown in the cause list. Name of Mr. Bharat Dutt Sharma, Dy. Govt. Counsel and Mr. R.S. Saluja, counsel for the respondent are shown in the cause list.
(2.) THE case is listed at Serial No. 110 in today's cause list under the category "for hearing". The present writ petition has been filed on 23.06.2010 with the following prayers: - "In the above facts, it is therefore humbly prayed that this writ petition may kindly be allowed, and by an appropriate writ, order or direction: i) The impugned direction/order dated 10.5.2010 (Annexure 8) and 25.5.2010 (Annexure 9) and any consequential action, may kindly be declared illegal, be quashed and set aside, and all further proceedings taken by the respondents, if any, in pursuance of the said order may be quashed and set aside; ii) The respondents may be directed to restore the pay as fixed vide order dated 30.9.2009 (Annexure 5) and also grant all other consequential and incidental benefits that would have accrued subsequently; iii) The circular dated 13.3.2006 (Annexure 10) may be declared to not apply to the case of the petitioner, or in an alternative, but without prejudice, may kindly be declared illegal, and quashed and set aside; iv) The respondents may be directed to decide the petitioner's representations (Annexure 6 & 7), expeditiously, and in accordance with law; v) Any other appropriate order or direction which this Hon'ble Court deems just and proper in the peculiar facts and circumstances of the case may be passed in favour of the petitioners. vi) Costs of the writ petition may kindly be awarded to the petitioners." While issuing notices to the respondents, this Court granted an ad -interim order on 28.06.2010 staying the effect and operation of the orders dated 10.05.2010 (Annex. 8) and the order dated 25.05.2010 (Annex. 9).
(3.) THE facts leading to filing the present writ petition in nut shell are as infra. The petitioner was initially appointed as Lower Division Clerk (LDC) in the handicapped category vide the order dated 21.12.1987 (Annex. 1) issued by the Secretary, Krishi Upaj Mandi Samiti, Merta City ('KUMS', for short). The petitioner was later on confirmed on that post and rendered the services as LDC there for almost 20 years. Thereafter, upon a Notification No. dated 28.02.2008 issued by the Rajasthan Public Service Commission inviting applications for the post of "Junior Marketing Officer", the petitioner applied for the said post and on the basis of 25% of the posts reserved for departmental candidates including ministerial staff of Krishi Upaj Mandi Samiti, the petitioner was selected and appointed on the post of Junior Marketing Officer vide the order (Annex. 3) dated 18.08.2009. The petitioner's pay while he was working as LDC in the KUMS was Rs. 14,290/ - was protected and instead of monthly fixed pay of Rs. 11,100/ - to be given to the petitioner as Probationer Trainee in view of said selection, the petitioner was paid a sum of Rs. 14,290/ -. Later on, the said benefit was sought to be withdrawn by the impugned order (Annex. 8) dated 10.05.2010 and recovery of excess amount paid on this ground was sought to be made vide the impugned order (Annex. 9) dated 25.05.2010. The petitioner has challenged the said order and in the alternative has challenged the said condition in the Notification of the Government of Rajasthan dated 13.03.2006 to the extent of Clause (iv) and its proviso, which are also quoted herein below for ready reference: - "(iv). at the end of existing Rule 24, the following new provisions shall be inserted, namely: - "Provided further that a probationer -trainee will receive a fixed remuneration at such rates as may be prescribed by the Government from time to time and on completion of period of probation, minimum pay of the pay scale of the post shall be allowed under this rule, from the day following the day of successful completion of the period of probation. Provided further also that a government servant, who is already in regular service of the State Government, if appointed as probationer -trainee for a period of two years on or after 20.1.2006 shall be allowed pay in his/her own pay scale of the previous post or fixed remuneration at such rates as may be prescribed by the Government from time to time, whichever may be beneficial to him/her and after successful completion of period of probationer -trainee, his/her pay shall be fixed in pay scale of the new post as per provisions of Rule 26.";