SBCWP NO.4397/97. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.4397/1997. Jagdish Narain & Ors. Versus University of Rajasthan Date of Order:- March 11, 2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Smt. Sweta Pareek for the petitioners. Shri R.K. Paliwal on behalf of Shri RA Katta for the petitioner. ***** BY THE COURT:- This writ petition was filed by petitioner Jagdish Narain and others, who were working as Helper in the Printing Press of the University of Rajasthan. 2) Vice Chancellor of the University of Rajasthan vide order dated 23/11/1990 accepted the recommendations made by the Finance Committee vide Resolution No.6 dated 5/4/1990 on the basis of report of Dr.P.C. Vyas Committee appointed by the Vice Chancellor to look into the service conditions of the employees of the University Press as compared to those of the Government Press Staff and formulate rules for payment of over-time allowance. It is not disputed that petitioner and various SBCWP NO.4397/97. 2 other persons; in all 20 persons, were working in the printing press of the University. On the recommendations of the Finance Committee, Registrar issued an order on 26/11/1990. It was in this order, existing 20 posts of Helper were bifurcated and posts were described in that 7 as Printer-B, 6 as Compositor-B, 5 as Binder-B, 1 as Mono Caster and 1 as Jr.Proof Reader. Existing post of Printing Helper was redesignated as Printer 'B' in the corresponding pay scale of Rs.950-1680 as per the aforesaid order, however, five existing Helper working in the Binding section were redesignated Binder 'B' because pay scale of the Helper and Binder 'B' in the Government Press was the same. Resultantly, one Kishore Singh, who was working as Printer Helper was fortunate enough to get higher pay scale i.e. 950-1680 whereas petitioners could get lower scale of pay. It may be noted that pay scale of the post of Binder 'B' on which, Kishore Singh was working was prior to its revision of 950- 1680 was fixed in the pay scale of 295-500. Some of the persons felt aggrieved by the decision, approached this Court. This Court vide order dated 1/7/1997 disposed of writ petition. University of Rajasthan on that basis issued order on 6/5/1997 on the understanding that the employees covered by the order can get 50% arrears and on that basis, designation and pay scale were revised. Existing Binder and Helper in the pay scale of 255-420 are SBCWP NO.4397/97. 3 redesignated as Binder 'B' in the same pay scale of 255-420 whereas existing Printing Helper on the post of which, Kishore Singh was working in the pay scale of 255-420 was redesignated as Printer 'B' but in the higher pay scale of 295-500. Respondents on that basis reduced the pay scale of the petitioners lower to that of Shri Kishore Singh, which has given rise to the present writ petition. 3) Smt.Sweta Pareek, learned counsel for the petitioners has argued that it was accepted as a question of fact by the respondents themselves vide order dated 30/10/1996 (Ann.7) that Kishore Singh was junior to them as Printing Helper even though he was working as Printer 'B' whereas petitioners were working in the Binding Section. The pay scale of the petitioners could not have been reduced bringing them below that of Shri Kishore Singh, who was receiving pay scale of 295-500. In any case, when University authorities had passed the order on 30/10/1996 granting pay scale of 950-1680 (old pay scale of 295-500) and there was no justification whatsoever to again re-revise the pay scale and reduce it further to Rs.255-420. Moment petitioners started getting Rs.950-1680 (old pay scale of 295- 500). Petitioner when started getting scale of 295- 500, got vested right and such a right could not be tinkered with or curtailed or taken away because they acquired the vested right to receive their salary in that pay scale. Such an order be SBCWP NO.4397/97. 4 therefore held illegal being arbitrary, unreasonable. Respondents did not serve a notice upon petitioners and did not provide them opportunity of hearing prior to reducing the pay scale. On the premise, on which, petitioners were granted pay over Shri Kishore Singh did not undergo any change just because his designation was changed. Even if respondents wanted to rationalise the candidature of employee working in the Printing Press, they should have granted corresponding pay scale similar to that of employee of the Government Press in such a way that as may not have resulted in depriving the petitioners of their pay which, already stood granted to them vide order dated 30/10/2006. Effect of such resultant order passed by the respondents could not be to again reduce their pay scale and put their pay scale lower than Kishore Singh, who is junior to them. 4) Shri R.K. Paliwal, learned counsel for the respondents has opposed the writ petition and argued that the post of Printer 'B' cannot be treated similar to that of Binder 'B' which carried higher scale of pay even in the Government Press. It was denied that any illegality has been committed by the respondents in passing the impugned-order. It was argued that respondents have passed the impugned-order in compliance of the order of this Court dated 21/2/1997 and in that the post of Printer 'B is a scale on higher post SBCWP NO.4397/97. 5 instead of the post of Binder 'B'. Kishore Singh was working as Printing Helper whereas petitioners were working in the Binding Section in the Press. 5) Having heard learned counsel for the parties, I have carefully scanned the documents produced on record. 6) It is clearly borne out from the office order dated 26/11/1990 which was passed on the recommendations of the Finance Committee and Dr.G.C. Vyas's Committee whereby 20 posts of Helpers prior to re-organisation of the services on the patten of the Government Press, all Helpers were placed in the same scale of pay which is evident from the order dated 6/5/1997 also. They were all receiving pay in the pay scale of 255-420. Wherever they were posted and working, whether in Binding and Printing Section, they were all designated as Helper. It was on consideration of this fact that respondents passed the order dated 30/10/1996 granting them pay scale of 950-1680 at par with Shri Kishore Singh, who was junior to petitioners. Once, this fact was acknowledged by the respondents themselves, they cannot reduce the pay scale of the petitioners because order dated 30/10/1996 was still holding the field. In any case, impugned-order itself shows that prior to re- organisation of the services on the patten of the Government Press, all the Helpers were drawing the same pay scale of 255-420 and therefore there was SBCWP NO.4397/97. 6 absolutely no justification for discriminating the petitioners by pushing them down again adversely in the pay scale of 255-420 and at the same time enhancing the pay scale of Printer Helper by sheer reason of consequences working as Helper in Printing section, to that of 295-500. It was a fortuitous circumstance as to which of the Helper was working at the relevant time in which section. What is of significance is the fact that they were also engaged as Helper in the Government Press and receiving same salary in the same pay scale and respondents reckoned their seniority from the date of their initial appointment/substantive appointment. Impugned-order therefore to the extent it again pushed down petitioner to the lower pay scale of 250-420 as compared to 295-500, which pay scale was granted to the petitioners vide order dated 30/10/1996, therefore, cannot be sustained in law. 7) In the result, writ petition is allowed. The impugned-order dated 6/5/1997 in so far as it seeks to withdraw benefit of pay scale of 295-500 and instead thereof, grant pay scale of 250-420 which was the pay scale granted to their junior Kishore Singh, is held illegal and accordingly is quashed and set-aside. Petitioners are held entitled to all consequential benefits of the order dated 30/10/1996. SBCWP NO.4397/97. 7 8) Compliance of the judgment shall be made within a period of three months from the date copy of this order is produced before the respondents. (MOHAMMAD RAFIQ), J. anil