SBCWP No.6851/94. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.6851/1994. Ram Chandra Kinger Vs. The Rajasthan State Electricity Board Date of order : October 16, 2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ None present for the petitioner. Ms. Sonal Singh for the respondent. **** BY THE COURT :- Heard learned counsel for the parties. 2) Petitioner has filed this writ petition with the prayer that respondents be directed to enhance his pay from the date when new pay scales for the 1978 came into force by stepping up his pay at par with his junior Shri Prabhu Das UDC pursuant to the Circular dated 13/4/1987 with all consequential benefits. 3) It is averred in the writ petition that the respondent-RSEB adopted Revised Pay Scale Rules, 1978 w.e.f. 1/4/1976. Petitioner was promoted on the post of UDC vide order dated 24/4/1976. In compliance of the promotion order, petitioner was relieved for joining by his controlling offider i.e. Assistant Engineer belatedly on 5/11/1976. Sometime thereafter SBCWP No.6851/94. 2 he was transferred back to Sriganganar. Due to late joining on the promoted post, Shri Prabhu Das who was junior to the petitioner and who was appointed on 16/1/1964 and promoted along with the petitioner on 24/4/1976 started drawing the higher salary than the petitioner. In the tentative seniority list issued on 13/4/1977, name of the petitioner was shown at Sr.No.418 whereas, name of Shri Prabhu Das was shown at Sr.No.420. It is contended that this anomaly was attributable to the authorities of the respondents who relieved the petitioner belatedly for joining at the promotional post at Shivganj and not to the petitioner. The authorities retained the petitioner because they consumed some time in handing over the charge to other person and as such, eventually relieved him late. 4) Ms. Sonal Singh, learned counsel for the respondents has opposed the writ petition and argued that delayed joining was attributable only to the petitioner because he did not join the promotional post intentionally as he was interested to be continued at Sri Ganganagar. Petitioner was promoted vide order dated 24/4/1976 and was posted on the promotional post vide order dated 4/5/1976 and he was to join by 22/6/1976 but he joined the promotional post belatedly on 5/11/1976 at Shivganj. Therefore, he has to blame himself for his late joining. It is contended that petitioner was allowed to join at the promotional place on 5/11/1976 and his request for stepping of his pay qua Shri Shiv Prakash w.e.f. SBCWP No.6851/94. 3 15/11/1976 was rightly accepted by the respondents on his application and an order to this effect was also issued on 4/7/1976. 5) Respondents could not deny the fact that he was not eventually allowed to join at the place of posting by the same promotion order by which Shri Prabhu Das was promoted. And the respondents have also not been able to show that whether late joining was in any manner attributable to the petitioner or that he was absent during the time when he was posted at Shivganj on the post of UDC. The petitioner certainly being senior to Shri Prabhu Das, was entitled for stepping up of his pay at par with Shri Prabhu Das who was junior by invocation of the next below rule with reference to Rule 32 of the Rajasthan Service Rules, 1951. In the result, the writ petition is allowed. Respondents are directed to give benefit of stepping up to the petitioner at par with Shri Prabhu Das within a period of three months from the date, copy of this order is produced before them. A copy of this order be endorsed to the petitioner for his information. (MOHAMMAD RAFIQ), J. anil