M.N. Bhandari, J. - (1.) The petitioners were initially appointed on the posts of Vaccinator, Malaria Surveillance Worker, Cholera Worker, etc. and later on merged/absorbed on the post of Multi -Purpose Health Worker (in short "MPHW"). On completion of 9 years of service, the petitioners were given benefit of first selection scale. On completion of 18 and 27 years of service, the petitioners became entitled to second and third selection scale. The benefit of selection scale has been granted but dispute remains about the pay scale. The petitioners are claiming pay scale of Rs. 1200 -2050 (revised to 4000 -6000) and pay scale of 1640 -2900 (revised to 5500 -9000) on second and third selection scale. The controversy about entitlement of pay scale was raised before this court as well as before the Rajasthan Civil Services Appellate Tribunal (in short "Tribunal"). The Tribunal allowed the pay scale demanded by the petitioners looking to the fact that on grant of first and second selection scale, pay scale was not changed as it was 975 -1720 on grant of first and second selection scale. The Tribunal so as this court allowed pay scale of 1200 -2050 on second selection scale and pay scale of 1640 -2900 on third selection scale. The judgment of the Tribunal was challenged before the High Court. It was maintained followed by judgment of the Division Bench upholding the view taken by the Tribunal. The writ petitions filed before the court were also allowed and appeal before the Supreme Court filed by the State Government was dismissed as it was barred by limitation. In view of above, the petitioners are entitled to the pay scale of 1200 -2050 (revised to 4000 -6000) on second selection scale and pay scale of 1640 -2900 (revised to 5500 -9000) on third selection scale.
(2.) Learned Additional Advocate General Shri J.M. Saxena and Government Counsel Shri Sanjay Sharma have contested the writ petitions.
(3.) It is submitted that the interference in grant of pay scale was made by the Tribunal as well as by this court looking to the fact that on grant of first as well as second selection scale, the pay scale was 975 -1720 thus on grant of second selection scale, the pay scale remains the same. The Tribunal as well as this court allowed the pay scale of 1200 -2050 on second selection scale and thereupon 1640 -2900 on third selection scale but in between the pay scale of 975 -1720 and 1200 -2050, the pay scale of 1025 -1800 was existing. Thus even if the ground urged by the petitioners is taken into consideration, they are entitled to the pay scale of 1025 -1800 on grant of second selection scale and thereupon pay scale of 1200 -2050 on third selection scale. The issue aforesaid is pending consideration before the Division Bench in the Writ Petition No. 4971/2005. A Notification was also issued to provide pay scale of 1025 -1800 on second selection scale and thereupon 1200 -2050 on third selection scale.;