JUDGEMENT
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(1.) THE petitioner has filed this writ petition while challenging the orders dated
18.01.2002, 23.01.2002 and 11.02.2003 passed by the District Collector, Jalore.
(2.) THE case as set up by the petitioner in the writ petition is this that he was
appointed on 31.08.1979 as class -IV employee
at District Rural Development Agency, Jalore
on a salary of Rs.240/ - per month in the pay
scale of Rs.240 -290. Vide order dated
24.10.1989 he was promoted to the post of LDC and his pay was fixed as Rs.880/ - in the pay
scale of Rs.880 -1680. Vide order dated
15.11.1989 he was fixed in the pay scale of Rs.950 -1680 and his pay was fixed as Rs.950/ -
per month. On 31.10.1998 benefit of first
selection scale was granted to the petitioner.
Later on vide order dated 23.08.1999 deduction
of the GPF was also made from the salary of
the petitioner and benefit of pension was also
made applicable.
It appears that in pursuance of the judgment of the Hon'ble Supreme Court in
respect of DRDA employees delivered on
05.02.1999, the services of the petitioner and the similarly situated persons were terminated
and as per the assurance given before the
Hon'ble Supreme Court by the State of
Rajasthan the petitioner and the similarly
situated persons were liable to be
accommodated on the post of class -IV employee
and in pursuance of that vide order dated
05.05.2001 the petitioner was reverted to the post of class -IV employee. From the averments
made in the writ petition it appears that the
petitioner has challenged the said order by
way of filing writ petition before this Court.
However, during the pendency of the said writ
petition the services of the petitioner from
the post of class -IV employee was terminated
and vide order dated 18.01.2002 the petitioner
and the similarly situated persons were
directed to be accommodated on the vacant
posts under the Panchayati Raj Institutions or
Local Authorities. In pursuance of the same
the petitioner was appointed as class -IV
employee in Panchayat Samiti, Raniwada on a
fix salary of Rs.2500/ - per month vide order
dated 23.01.2002. Thereafter, the District
Collector, Jalore passed an order dated
11.02.2003, whereby it is ordered that salary of the petitioner will be paid by the DRDA,
Jalore.
(3.) BEING aggrieved with the orders dated 18.01.2002, 23.01.2002 and 11.02.2003 the petitioner has filed this writ petition.
It is contended by learned counsel for
the petitioner that during the pendency of
this writ petition the petitioner was absorbed
on the post of Gram Sewak in the Rural
Development and Panchayati Raj Department and
now he is getting regular pay scale in the
cadre of Gram Sewak. However, it is contended
that the person similarly situated, namely
Ramkaran Sharma is drawing salary more than
him. Learned counsel for the petitioner has
contended that reversion of the petitioner
from the post of LDC to class -IV employee is
also illegal and the petitioner is liable to
be fixed in salary of the post of LDC only and
is also entitled to get the salary in the
regular pay scale.;
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