Deo Narayan Thanvi, J. - (1.) Since both these Special Appeals arise out of the same judgment of the learned Single Judge passed in S.B. Civil Writ Petition Nos.3260 and 3259 of 2004 dt.4.1.2007, they are being disposed-of by this common judgment. While allowing the writ petitions, petitioner-respondents were declared entitled for grant of pay scale of Rs.2200-4000 w.e.f. 1.1.1986 and the State Govt. was directed to grant ex post facto sanction for payment of such pay scales to the petitioner-respondents and the recovery sought by the respondent University was declared to be illegal. Learned Single Judge further directed to allow pay scale of Rs.8000- 13500 to the petitioner-respondents w.e.f. 1.1.1996 alongwith arrears to be paid within a period of three months with interest at the rate of 6% per annum.
(2.) The controversy involved in the writ petitions was with regard to grant of equal pay to the Senior Technical Assistants/Professional Assistants vis-a-vis Librarians working in the Govt. Degree Colleges. Originally, this parity was ordered in the year 1968 on the basis of Ranawat Pay Commission. Later on, it was maintained in the years 1980 and 1986 with pay scale of Rs.2200-4000. This pay scale was further revised w.e.f. 1.9.1996 and the Librarians working in the Govt.Degree Colleges were granted the pay scale of Rs.8000-13500 but this was denied to the Senior Technical Assistants/Professional Assistants working with the respondent-University because earlier pay scale as recommended by the University Grant Commission was granted without the approval of the State Government. Learned Single Judge observed that the equity was maintained between the Librarians of the Govt. Degree Colleges and the Senior Technical Assistants/Professional Assistants working with the respondent-University long back in the year 1968 and it cannot be withdrawn without any cogent reason and denial by the Government on account of audit objection despite recommendation by the Vice Chancellor to maintain the parity, is violative of the fundamental rights of the petitioner-respondents. Today, it is also brought to the notice of this Court by the learned counsel for the respondents, which has not been controverted by the learned Additional Advocate General that the Accountant General (Civil Lekha Pariksha), Rajasthan, Jaipur has already removed the audit objection with regard to parity of the pay scale vide order dt.3.11.2009.
(3.) In view of the order dt. 3.11.2009 and also in light of the findings arrived-at by the learned Single Judge with regard to maintaining parity, which was already granted way back in the year 1968 with the approval of the State Government, the denial of the new pay scale to the petitioner-respondents, who are at par with the Librarians of the Govt. Degree Colleges, is contrary to the law. Accordingly, we find no reason to interfere with the findings arrived-at by the learned Single Judge.;