1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.4235/1997 Suresh Kumar & Ors. vs. State & Ors. Date of order : 18/3/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri A.K. Pareek ) Shri Shobit Tiwari ) for the petitioners. Shri S.D. Khaspuria, Addl. Govt. Counsel for the respondents. ****** Heard learned counsel for the parties. This writ petition was filed by these petitioners claiming parity of pay with those working as Photocopier Operators with the Arabic and Parsian Research Institute. Contention of the petitioners is that they were all recruited under the Rajasthan Subordinate Service (Recruitment and other Service Conditions) Rules, 1960 because there is no specific rule or the post of Machine Man for Xerox is not included in the Rajasthan Subordinate Ministerial Staff Rules, 1957. Learned counsel cited the schedule appended to the Rules of 1960 by way of amendment order dated 25.7.1987 to show that qualification for Machine man for Xerox for direct recruitment and experience 2 has been prescribed as Secondary pass from recognised Board with certificate of Xerox Machine operation and the respondents cannot therefore made any discrimination in the matter of fixation of their juniors. Learned counsel submitted that initially the government vide order dated 1.2.1992 amended the Rajasthan Civil Services (Revised Pay Scale) Rules, 1989 so as to provide the pay scale of Rs.950-1680 for the Photo Copier, but imposed the condition that incumbent should possess the ITI certificate only, thus petitioners will be entitled to said pay scale. During the pendency of the writ petition, the another amendment notification was issued on 2.3.1995, therefore, the writ petition was disposed of with the liberty to file fresh writ petition. In this notification, the Government has concluded to give Photo Copier with the existing nomenclature Xerox Machine Operator and Photostat Machine Operator or any other similar nomenclature wherever existing shall also be redesignated as Photocopier Operator. Earlier they are drawing in the 3 pay scale of 880-1680, 820-1520 and 730- 1250, but now they have been granted the pay scale of Rs.950-1680. However, a deviation has been made in favour of those working in Arabic and Parsian Research Institute by stating that existing personnel drawing pay in the pay scale of Rs.950-1680/- shall continue to draw in this pay scale as personal to them. Learned counsel submitted that the action of the respondents in carving out an exception for those drawing their pay scale in Rs.950-1680 to say that that would be a pay personal to them, is illegal, arbitrary and discriminatory in as much as violative of Article 14 and 39 of the Constitution of India and petitioners would be by virtue of the principle of equal pay for equal work needs to be paid the same pay scale. Learned counsel for the petitioners also cited the order dated 27.3.1986 issued by the Government in its department of Education (Group-III) to say that in Arabic and Parsian Research Institute the post of Xerox Operator has the qualification of 4 Secondary School certificate with ITI Xerox Operating certificate and secondary school certificate with two years experience of operating Xerox Machines. Shri S.D. Khaspuria, learned Additional Government Counsel opposed the writ petition and submitted that the said pay scale of those drawing the salary in the pay scale of Rs.950-1680 was save only in so far as the set of persons whom that pay scale by virtue of earlier amendment notification dated 1.2.1992 was given because that pay scale was made admissible for ITI certificate holders. Once a higher scale of pay was given to them, it could not be subsequently reduced as that would amount to vested right. It was argued that petitioners were those who do not possess the ITI certificate and with different departments and different nomenclatures. The appointments were made where the post on which they were appointed were described as different designation and they all carried different pay scales. Admittedly, a higher pay scale was granted to them by clubbing all together. If a 5 separate and different eligibility qualification is provided for those drawing higher scale of pay, the petitioners cannot compare with that category of employees because none of them have ITI certificate. It appears from the arguments noticed above that the earlier appointments were made in different departments in different designations such as Xerox Machine Operator, Photo Stat Machine Operator or any other similar nomenclature, but all were clubbed together as indicated above. They were earlier drawing the pay scale of 880-1680, 820-1520 and 730-1250, but they were all clubbed together to be fixed in the pay scale of Rs.910-1520 in between when the government issued amendment notification, a higher scale of pay i.e. 950-1680 was allowed for those holding the ITI certificate by way of amendment so made on 2.3.1995. No particulars of the withdrawal have been placed to show that person who are not having ITI certificate and yet they have been paid higher scale of pay i.e. Rs.950- 1680. Government could not having once 6 granted such pay scale, possibly withdraw obviously because that scale was not admissible to the petitioners because no one of them have ITI certificate, thus there is no case for discrimination. The writ petition is dismissed. (MOHAMMAD RAFIQ), J. RS/