AMRA RAM JOSHI Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2014-3-124
HIGH COURT OF RAJASTHAN
Decided on March 21,2014

Amra Ram Joshi Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

- (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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