Rajendra Saxena, J. - (1.) The petitioner by filing this writ petition has prayed that respondents be directed through an appropriate writ, order or direction to enhance his special pay from Rs. 150/- to Rs. 300/- per month for the period he worked as Chief Public Analyst, that the letter of Additional Director (Gazetted) Medical and Health Services (respondent No. 5) dated 24.4.95 (Ex. 11) be set aside and the respondents be directed to add his special pay in his emoluments for the purposes of his revised pension and service gratuity along with interest @ 24% per annum till realisation.
(2.) Parties are at common ground that the petitioner was initially appointed on 5.3.1951 as Assistant Public Analyst in the Medical and Health Department, Rajasthan, Jaipur and was subsequently redesignated as Public Analyst with effect from 17.10.1957. The Director Medical and Health Services, Rajasthan, Jaipur (Respondent No. 4) by his order dated 27.2.1982 (Ex. 1) ordered that on the superannuation of Shri Ashok Bhattacharaya, the then Chief Public Analyst, on 27.2.1982, petitioner Y.C Harit, Public Analyst will also hold the charge of Chief Public Analyst in addition to his own duties. Thus, the petitioner was saddled with an additional charge of the post of Chief Public Analyst w.e.f. 1.3.1982. Thereafter, on the recommendation of the DPC, the petitioner was promoted as Chief Public Analyst, Jaipur vide Government's order dated 24.11.1982 (Ex. 2) w.e.f. the date he took over the charge of the said post. The petitioner contained as Chief Public Analyst up to 29.2.1984 till he superannuated vide Government's order dated 3.1.1984 (Ex. 3). The petitioner while working as Chief Public Analyst was required to perform the additional duty of testing the samples of the State Excise Department pertaining to illicit liquors, Bhang, Charas, Ganja etc. besides his normal duties as Chief Public Analyst, in the Medical & Health Department Government of Rajasthan. However, the petitioner was not paid any special pay for the said additional work of testing samples of the Excise Department, while such specific pay was earlier given to one of his predecessor- in-officer late Shri P.N. Bhargava, and also to late Shri R.N. Gupta, who was his successor-in-office. The petitioner therefore, filed S.B. Civil Writ Petition No. 3968/92 in this Court, which was allowed by a learned SB vide order dated 22.11.93 (Ex. 4) directing the respondents to consider petitioner's case for grant of special pay, which shall not be less than Rs. 150/- per month for the period from 1.3.1982 to 29.2.1984 with interest @ 12% per annum. In compliance of the said order, after considering petitioner's case the Deputy Secretary, Medical & Health (Gr. II) Department, Government of Rajasthan, vide order dated 18.5.1994 (Ex. 5) granted a special pay @ Rs. 150/- per month to the petitioner for the additional work done by him pertaining to the Excise Department.
(3.) In this writ petition, the grievance of the petitioner is that even that the issuance of order dated 18.5.94 (Ex. 5), the respondents did not add his special pay in the emoluments for the purposes of computing pension and service gratuity in accordance with Rule 250(c)(1)(a) read with Rule 7(24) and (31) of the Rajasthan Service Rules (for brevity the RSR). He has averred that special pay was granted to him in consideration of a specific addition to the work or responsibility as Chief Public Analyst. Therefore, his case falls under Rule 250(c)(1)(a) of the RSR and as such the special pay has to be added/included as emoluments for the purpose of computing his pension and service gratuity and that the impugned letter dated 24.4.95 (Ex. 11) informing the Director, Pension Department (Respondent No. 3) to the effect that since the special pay was granted to the petitioner for doing the work of Excise Department along with the duties as Chief Public Analyst; the said special pay shall not be added/included in the emoluments under Rule 250(C)(1)(a) of the RSR for the purposes of pension and service gratuity is arbitrary, illegal and against the spirit of the Rules and in clear violation of the provisions of Article 14,16, 21 and 330-A of the Constitution of India. His another grievance is that while granting the special pay the State Government did not consider the material fact that the pay scale of Chief Public Analyst was revised three times w.e.f. 1.9.1968, 1.9.76 and 1.9.1981 increasing it almost the double. Thus, the special pay @ Rs. 150/- per month, which was given to the Chief Public Analyst up to February 1970 should have been increased atleast to Rs. 300/- per month like the increased special pay granted to senior or junior Specialist in TB Hospitals, CAS posted as Medical Officer Incharge or Assistant Surgeon in Isolation/Leprosy/T.B. Hospitals or CAS posted in Radiology Department on Non-teaching post. The petitioner has, therefore, prayed that the respondent be directed to increase his special pay from 150/- to Rs. 300/- per month, that the letter dated 24.4.95 (Ex. 11) be set aside and that the respondents be directed to add his special pay in the emoluments for the purposes of revised pension and service gratuity and to pay the same along with interest @ 24% per annum.;