Ajay Rastogi, J. - (1.) INSTANT petition has been filed by petitioner, who is working as Lab Assistant, assailing notification dated 7th August, 1998 [Ann. 4] issued by Government in exercise of powers conferred by proviso to Article 309 of Constitution of India making amendment in Rajasthan Civil Services [Revised Pay Scales] Rules, 1998.
(2.) PETITIONER initially joined service as Lab Assistant in Sanskrit Education department and still he is holding the post on which he initially joined service. State Government under its notification dated 7th August, 1998 revised pay scales in education department and so also in Sanskrit Department. Prior to the impugned notification there was a common pay scale for persons who are working in the respective departments on the post of Teacher Gr. III, Librarian Gr. III & Lab Assistant, but under the impugned notification w.e.f. 1st September, 1996 pay scale of Teacher Gr. III/Librarian Gr. III was revised from 4000 -6000 to 4500 -7000 (9A) and so far as post of Lab Assistant is concerned, they continued in the pay scale of 4000 -6000 and no revision in their pay scale has taken place under impugned notification. Counsel for petitioner submits that such like Lab Assistants who were absorbed as Teacher Gr. III under Absorption Surplus Rules on acquiring qualification of STC/B.Ed they are entitled to get the revised pay scale of Teacher Gr. III i.e. 4500 -7000 (9A) and thus, who are junior to petitioner in the cadre of Lab Assistant on account of their absorption as Teacher Gr. III became entitled to get their fixation in higher pay scale and this action of the respondent is in violation of Articles 14 & 16 of the Constitution of India. Counsel further submits that once all the three posts were in the common pay scale, there is no reasonable justification and having any nexus with the object sought to be achieved in making fixation of incumbents working on the post of Teacher Gr. III/Librarian Gr. III on higher pay scale under the impugned notification. In the absence whereof, disparity amongst the persons who are similarly situated has been created which is violative of Article 14 of the Constitution of India.
(3.) RESPONDENTS have filed reply to the writ petition wherein it has been averred that petitioner is a member of department of Sanskrit Education and no absorption of Lab Assistant atleast in their department on the post of Teacher Gr. III has ever taken place. As such, the very premise on which the petitioner has submitted about persons who are similarly situated being discriminated in the facts of instant case does not arise.;