Rajesh Balia, .J. - (1.) WE have heard learned Counsel for the parties. The simple case has been complicated because of late surge in raising a claim which had long become barred by time and the basic facts about the appellant having already been put in the pay -scale now claimed by him from the date of appointment w.e.f. 16/17.05.1975 being not in dispute.
(2.) WE notice the brass facts necessary for the present purposes and about which there is no dispute. The petitioner has initially been appointed as Lower Divisional Clerk (for short 'LDC' hereinafter), a civilian in the Defence services and was later on appointed under the Jai Narayan Vyas University then known as University of Jodhpur, as Stenographer by letter of appointment dt. 03.01.1972 in the pay -scale of Rs. 170 -390 plus admissible allowances as per rules. This appointment was on the probation for one year and on completion of one year's service by order dt. 24.02.1973 he was confirmed in the pay -scale in which he had been appointed w.e.f. 22.01.1973 while the petitioner was serving in the University, according to the petitioner's own averments, the Ordinance 321 -B was promulgated in which three posts of Stenographers were encadred as Section Officers to be promoted from amongst Stenographer Gr.II with three years experience as such, the Stenographer Gr. II which was to be filed 100% by promotion from Stenographer Gr. III by placing the then all existing Stenographer Gr. II in the pay -scale of Rs. 225 -525 and lastly, Stenographer Gr. III in the pay -scale of Rs. 170 -320 to be filled by direct recruitment. It appears from the material placed on record that the petitioner had initially been appointed as Stenographer Gr. III in existing pay -scale under the then Government Rules and at the relevant time Ordinance 321 -B had not come into force. There is no dispute about the fact that since the petitioner was placed in the pay -scale of Rs. 225 -525 vide order dt. 16/17.05.1975 and drawn his entitlement in the same pay -scale, the pay -scale of Rs. 225 -525 is recommended by the Ranawat Pay Commission and adopted by the University of Jodhpur. However, subsequently, vide Resolution No. 26/86 dt. 04.01.1986, the petitioner amongst other seven Stenographers were allowed the pay -scale of Rs. 200 -450 w.e.f. the date of their initial appointments as in the case of Shri I.R. Kalla. Before adopting pay -scale of Rs. 225 -525, the pay -scale approved for Stenographer Gr. II for University was Rs. 200 -450. It was stipulated that no arrears on account of fixation upto 28.02.1986 be paid till the financial sanction is obtained from the Government. There is no dispute further that the State Government has not issued financial sanction for payment of arrear so far.
(3.) IT is in the aforesaid circumstances, the petitioner has now claimed that he should be paid all arrears of emoluments as all other Stenographers in the University have been paid the arrears of emoluments w.e.f. the date of appointment. For that purpose, reliance has been placed on the documents before the Court today alongwith additional affidavit which is dt. 29.05.1970.;