RAFIQ, J. - (1.) RAJASTHAN Subordinate Service Association through its President, Jaipur Bench, Shri Rajendra Kumar Sharma has filed this writ petition with the prayer that RAJASTHAN Civil Services (Revised Pay Scale) Rules, 1989 in so far they deny pay scale of Rs. 1640-2900 to Statistical Assistants working with respondents may be declared ultra vires of Articles 14 and 16 of the Constitution of India and respondents be directed to give to them the pay scale of Rs. 1640-2900 which is being paid to Statistical Assistants working with Central Government and omission of pay scales No. 10 and 11 brought about by RAJASTHAN Civil Services (Revised Pay Scales) (First Amendment) Rules, 1992 (for short "the Rules of 1992) so as to bring Statistical Inspectors at par with Statistical Assistants may also be declared ultra vires of Articles 14 and 16 of the Constitution of India. It has further been prayed that orders 18. 5. 1992 and 5. 6. 1992 rejecting the representations of petitioner on the subject may be quashed and set aside.
(2.) THE petitioner in writ petition has stated that their service conditions are governed by Rajasthan Statistical Subordinate Service Rules, 1971 (for short "the Rules of 1971 ). THEre are two categories of posts namely; senior posts and junior posts. Junior posts comprise of (i) Statistical/field Inspector and (ii) Investigations and Computers; whereas senior posts comprise of (i) Statistical Assistant and (ii) Statistical Supervisor. Lowest post in the State service included in the Rajasthan Economics and Statistical Service Rules, 1958 is that of Statistical Officer. Recruitment to the post of Statistical Assistant and Statistical Supervisor is 50% by direct recruitment and 50 by promotion. It is stated that prior to promulgation of Rules of 1971, posts of Statistical Assistant and Statistical Inspector were in existence with pay scale of Rs. 150-250 and 150-180 respectively, which was revised from time to time as follows: Year Post Pay Scale 1955 Stat. Asstt. 150-350 Inspector 120-250 1961 Stat. Asstt 170-40 Inspector 130-320 1969 Stat. Asstt. 180-425 Inspector 150-425 1976 Stat. Asstt. 470-830 Inspector 440-770 1983 Stat. Asstt. 640-1180 Inspector 610-1090 1987 Stat. Asstt. 1200-2420 Inspector 1140-2250 1989 Stat. Asstt. 1400-2600 Inspector 1400-2300 With the help of above chart, it has been argued that post of Statistical Assistant has always been carrying higher pay scale than that of Statistical Inspector right since 1950. When Rajasthan Civil Service (Revised Pay Scale) Rules, 1987 (for short "the Rules of 1987") were brought in force w. e. f. 1. 9. 1986, pay scales of various posts in Rajasthan Statistical Subordinate Service Rules, 1971 were revised in the case of Computer in scale No. 9 which carried Rs. 925-1800, for Statistical inspector scale No. 10 which carried Rs. 1120-2050 and for Statistical Assistant scale No. 12 which carried Rs. 1160-2360. Rajasthan Civil Services (Revised Pay Scale) Rules (Fourth Amendment), 1988 made effective from 1. 4. 1988 provided for the following pay scales: Computer, Rs. 1120 2050, Scale No. 10 Statistical Inspector, Rs. 1140 2250 , Scale No. 11 Statistical Assistant, Rs. 1200 2420, Scale No. 13 It was, however, argued that for the first time in Rajasthan Civil Services (Revised Pay Scale) Rules, 1989 (for short "the Rules of 1989") brought in force from 1. 9. 1988 the minimum pay scale of the post of Statistical Inspector and Statistical Assistant was rendered equal since the basic pay of Scale Nos. 10, 11 and 12 commenced from Rs. 1400/ -. The petitioner association also raised grievance that the post of Statistical Assistant fixed in Scale of Rs. 1400-2600 has not been granted parity with pay scale given to heir counterparts with the Central Government where such scale of pay was 1640- 2900. On demand made by various employees Unions claiming parity with the Central Government employees on different posts, Government of Rajasthan constituted an equivalence committee. The Rules of 1992 were promulgated on the basis of report submitted by the Committee and were made effective from 1. 9. 1988 itself. There was no mention of the post of Statistical Assistant in these revised rules. The Committee either did not consider their demand or rejected the same. By Clause (iii) of Rules of 1992 although the pay scale Nos. 10 and 11 in section laid down in Schedule-I to the rules of 1989 were deleted. The effect of deletion of pay scales No. 10 and 11 was that all those who were enjoying pay scales No. 10 and 11 were now fixed in pay scale No. 12 and brought Statistical Inspectors, who were in the junior wing of the subordinate service of Economics and Statistics department at par with the Statistical Assistants who were in senior wing and was in fact promotional post for the former. The petitioner has further submitted this that anomaly further crept in the Government Circular dated 25. 1. 1992 which introduced the system of grant of selection scale on completion of 9, 18 and 27 years of service. The persons working on the lowest post of Computer, having completed 9 years of service would now be entitled to the same pay scale which is available to statistical Inspector as well as Statistical Assistant, thus in effect bringing junior most and the senior most post at par in terms of their pay scale. Representations submitted by petitioner association were rejected by respondents vide order dated 18. 5. 92 and 5. 6. 92. It was further submitted that many of the highest posts in the subordinate services have been fixed in the pay scale of Rs. 1640-2900, for example the post of Ranger Gr. I in the Forest Department, Inspector, Commercial Taxes Gr. I, Agricultural Extension Officer Gr. I, Vaidhya Gr. II, Cooperative Inspectors Gr. I, Naib Tehsildars, Insurance Supervisor, Compounders Gr. I in the Medical & Health Department, Head Draftman Foreman Gr. I in Departments like Mines and Geology, Irrigation as well as PHED and only the post of Statistical Assistant which is also under the Rules of 1971 the highest post in subordinate service has been fixed only in pay scale of Rs. 1400-2600.
(3.) THE respondents have contended the writ petition and filed detailed reply thereto. In the reply, it has been submitted that the petitioner has not given correct position of revision of pay scales of the posts of Statistical Assistant and Statistical Inspector from time to time. The correct post according to them however is as under:- Stat. Assistant Stat. Inspectors 1. 3. 56 150-350 1. 3. 56 120-250 1. 9. 61 170-385 1. 9. 61 130-250 1. 4. 66 170-400 1. 4. 66 130-320 1. 9. 68 180-425 1. 9. 68 150-330 1. 9. 76 470-830 1. 9. 76 440-770 1. 9. 81 640-1180 1. 9. 81 610-1090 1. 9. 87 1160-2360 1. 9. 86 1120-2050 1. 4. 88 1200-2420 1. 4. 88 1140-2250 1. 9. 88 1400-2600 1. 9. 88 1400-2600 It has been submitted that the pay scales of various posts in the Rajasthan Statistical Subordinate Service as amended from time to time are as under:- Computer, 925 1800 (9) 1120 2050 (10), from 1. 9. 86 from 1. 4. 88 Statistical Inspector, 1120 2050 (10) 1140 2250 (11) , from 1. 9. 86 from 1. 4. 88 Statistical Assistant, 1160 2360 (12) 1200 2420 (13), from 1. 9. 86 from 1. 4. 88 ;