RATHORE, J. - (1.) THIS joint writ petition is filed by the petitioners who are the employees of the Rajasthan Gram Dan Board.
(2.) THE grievance of the petitioners relates to anomaly in the pay scale. THE petitioners are working on the various posts such as Office Assistant and Typist etc. THE petitioners to establish their right are comparing the service conditions with that of Khadi and Village Industries Board and to point out the discrepancy, a comparative chart regarding pay scale is given in Annexure-3. THE petitioners in para No. 11 and 12 categorically stated that the pay scale of the employees of the Rajasthan Gram Dan Board are far less than the pay scale of the employees of the State of Rajasthan or employees of Rajasthan Khadi and Village Industries Board although the employees of the non petitioners are discharging the similar work. And thus, being violative of the provisions of Article 14 and discriminatory and arbitrary not to put at par the employees of the non petitioners with the employees of the State of Rajasthan as well as Rajasthan Khadi and Village Industries Board, therefore this writ petition. The State of Rajasthan has enacted the Rajasthan Gram Dan Act,1971 repelling the Rajasthan Gram Dan Act, 1960, Although the Gram Dan and Khadi Board is regulated by different set of the Act but the duty discharged by the employees of the Gram Dan and and the Khadi Board are identical in nature but there is discrepancy in the pay scale. The Rajasthan Khadi and Village Industries Board Act, 1955 enacted by the State Legislature of Rajasthan in the Sixth Year of the Republic of India and came into force with effect from April, 1955. Whereas the Rajasthan Gram dan Act, 1971 after repelling the earlier Act, 1960 received the assent of the President on the 3rd day of August, 1971 and came into force at once and enacted by the Rajasthan State Legislature in the Twenty second year of the Republic of India. Section 20 and 21 of Chapter 4 of the Khadi and Village Industries Board Act, 1955 deals with the pay and service conditions of Secretary and other officers and servants. According to sub section (1) of Section 21, the pay and other conditions of service of the Secretary to the Board and the financial adviser thereto shall be such as may be fixed by the State Government. Sub section 2 provides that the pay and other conditions of service of other officers and servants of the Board shall be such, as may be determined by the Board regulations.
(3.) SECTION 26 provides fund of the Board by which (1) The Board shall have its own fund and the all receipts of the Board shall be credited thereto and all payments by the Board shall be made therefrom. Section 29 provides for Budget by which the Board shall, on such date as may be prescribed, prepared and submit to the State Government in the prescribed form the budget for the next financial year, showing the estimated receipts and expenditure on capital and revenue accounts according to the programme and schedule of the staff sanctioned by the State Government. And as per Section 38 the power vests with the Board to make regulation. The Board may, with the previous sanction of the State Government, make regulations consistent with this Act and the rules made thereunder:- I have also carefully perused the provisions of Rajasthan Gram Dan Act and the Khadi and Village Industries Board Act,1955. It appears that the Gram Dan Board was constituted to promote the Gram Dan movement in Rajasthan and for that purpose to train workers for implementing the aims and objects of this Act and assign them to Gramdan village; to guide the Gram Sabhas in the proper discharge of their duties; to study and evaluate general experience in the development of Gramdan villages and to expedite legal and other formalities in connection with Gramdan villages. The Gramdan Board shall also perform such duties as may be assigned to it under the provisions of this Act. ;