Gopal Krishan Vyas, J. - (1.) THIS writ petition has been filed by the petitioners for following reliefs: (a) the impugned orders of the State Government Annexures 5 and 14 dated 10.3.1999 & 2.2.2006 respectively denying the petitioners benefit of Pay Scales Rules of 1998 may kindly be quashed and set aside; (b) That consequent to aforesaid it may be directed that petitioners are entitled to be fixed in the pay prescribed by the Pay scale Rules of 1998 on and from the date their counterparts employed in the State Government or in various corporations have been so fixed; (c) That consequent to aforesaid fixation the arrears which may accrue, may as well be directed to be paid to the employees of the Bhandar;
(2.) THE case of petitioners is that they are entitled for benefit of Revised Pay Scale Rules, 1998 and though respondent No. 3 after considering the claim of petitioners for grant of revision of pay scale in accordance with Rules of 1998 recommended the case to the State Government for approval but vide Annex.14 the Joint Registrar (consumer) has passed an order dated 2.2.2006, whereby he has restrained the respondent No. 3 to grant benefit of revision of pay scale to the petitioners. Similarly, vide Annex.5 dated 10.3.1999 a restriction was imposed to grant revision of pay scale to employees of the Bhandar and it is ordered that without any approval no revision of pay scale shall be allowed to the Cooperative Societies which are Commercial Establishments. Learned Counsel for the petitioners vehemently argued that petitioners are employees of Jodhpur Sahakari Upbhokta Wholesale Bhandar Limited, Jodhpur and a decision was taken by the Bhandar to grant benefit of revision of pay scale as per Pay Scale Rules, 1998 to their employees but the Government has refused to grant approval for the same while issuing Annex.14, which is illegal because revision of pay scale is required to be allowed to the petitioners as the State Government has allowed the said benefit to number of local bodies of State Government and in particular RAJFED & CONFED, which too are governed by the Cooperative Act and employees of said Cooperative Societies are getting the benefit of Revised Pay Scale Rules, 1998, therefore, denial of such benefit to petitioners, who are employees of respondent No. 3 is totally in violation of Article 14 and 16 of the Constitution of India.
(3.) AS per petitioners, the benefit of Revised Pay Scale Rules have been extended to many cooperative bodies including RSRTC, Vidhyut Vitran Nigam, RTDC though they are continuously sustaining losses but the case of petitioners is altogether different because financial condition of respondent No. 3 is upto the mark, therefore, petitioners, who are employees of Bhandar are entitle for grant of benefit of Revised Pay Scale Rules, 1998 but Joint Director (Consumer) vide annex.14 without assigning logical reasons declined to approve the benefit of pay scale as per Revised Pay Scale Rules, 1998, therefore, action of denial of respondent is arbitrary hence it is violative of Article 21 of the Constitution of India.;