- (1.) Appointment was accorded to the appellant petitioner by the Additional Collector (Development) under an order dated 14.2.1991 as Class-IV employee in the pay-scale of Rs.750-950 with other admissible allowances, on compassionate grounds, being a ward of a deceased Government servant. He was subjected to probation and after completion of that, his service was confirmed under an order dated 16.11.1996 passed by the Additional Collector (Development) cum Project Director, District Rural Development Agency, Bikaner. By order dated 21.12.2001, he was discontinued from service along with other seven Class IV employees. Suffice to mention that the order dated 21.12.2001 refers to certain writ petitions said to be preferred by other similarly situated employees which came to be disposed off by the Hon'ble Apex Court in Rajendra Singh and Ors. v. State of Rajasthan (Civil Appeal No.5476-83 of 1998). On 26.12.2001 Deputy Secretary to the Government of Rajasthan, Department of Rural Development (Group-I) ordered that the persons retrenched be allowed to continue in service as earlier.
(2.) Pursuant to the order aforesaid, the appellant was permitted to continue in service, however, by the order dated 02.1.2002 the respondents only allowed consolidated salary of Rs.2500/- per month to the appellant, instead of grant of regular pay-scale as allowed under order dated 14.2.1991 giving appointment as Class-IV employee. Yet by another order dated 23.1.2002 the appellant-petitioner was relieved from the office of Additional Collector (Development) cum Project Director, District Rural Development Agency, Bikaner with instruction to report in the office of Collector, Bikaner. The Collector, Bikaner under the order dated 18.6.2002 re-employed the appellant-petitioner as Class-IV employee with consolidated salary of Rs.2500/- per month.
(3.) Aggrieved by the orders dated 2.1.2002 and 18.6.2002 granting consolidated salary by the Additional Collector (Development) cum Project Director, District Rural Development Agency, Bikaner and by the Collector, Bikaner, respectively, the appellant preferred a petition for writ before this Court, that came to be dismissed vide the impugned judgment dated 17.2.2006. The learned Single Bench dismissed the writ petition by observing that the Hon'ble Supreme Court in Rajendra Singh and Ors. v. State of Rajasthan (Civil Appeal No.5476-83 of 1998) issued a direction to the respondents to provide appointment to the retrenched employees to the extent that is possible and, therefore, appointment afresh was given by awarding consolidated salary.;