1 cw-4102-96 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR O R D E R S.B. CIVIL WRIT PETITION NO.4102/ 1996 Harish Kumar Kaushik & others vs State of Rajasthan and Others Date of Order 26th August, 2009 PRESENT HON'BLE MR. JUSTI CE K.S. CHAUDHARI Mr.R.P.Garg for the petitioner. Mr.A.S.Rajawat for Mr.R.P.Singh Addl.Advocate General for the respondents. * * * * BY THE COURT: By this writ petition the petitioners prayed for equal scales with similarly situated Technical Assistants. Brief facts of the case are that petitioner-Harish Kumar was appointed as Technical Assistant on 5.7.94, petitioner-Bhanwar Lal Lohar was appointed on 7.10.74 and petitioner-Narain Lal Chobisa was appointed on 10.1.83 as Technical Assistants in Ayurved Department in the office of non-petitioner No.3. The functions, duties, qualification, mode of recruitment, job responsibility of Technical Assistants in all Departm ents of State of Rajasthan including Department of Medical & Health, Education, Rajasthan Police Forensic Science and other Government Departments are sam e. In other Departments the pay scale of Technical Assistant is 2 cw-4102-96 Rs.1640/ - to 2900/ -, whereas petitioners are in the pay scale of Rs.950/ - to 1640/ -. The Principal, Ayurved College, Udaipur recommended the case of the petitioners to the Government from time to time to grant same scale, but so far no action has been taken. It was further alleged that pay scales during the last fixation made by the Government in the year 1969, 1976 and 1987 there was a parity in the pay scale of Technical Assistants in all the Departments. But after 1989 parity was not maintained, whereas respondent No.3 is the only institution in Ayurved Department where education of Master Degree is given, hence, petitioners may be given pay scales of Rs.1640/ - to 2900/ - instead of pay scale of Rs.950/ - to Rs.1680/ - as payable to Technical Assistants working in other departments. The respondents in their reply submitted that the educational qualification of the petitioners is only matriculate, whereas Technical Assistants of other departments, qualification is M.Sc. or post graduate and disploma as stated in para 4 of the reply and further stated that petitioners do not form the sam e class and they cannot claim grade of Rs.1640/ - to 2900/ - as there is vast difference in the mode of selection, educational qualification of Technical Assistants in other departments. 3 cw-4102-96 It was admitted that pay scale of Technical Assistants in Ayurved Department has not been revised though similar post of Lab Technicians and Laboratory Assistants in Ayurved Department in the pay scale of Rs.925/ - to 1800/ - and Rs. 880/ - to 1600/ - respectively have been revised to Rs.1200/ - to 2050. Representation of the petitioners was considered and same was forwarded to the Government, but the State Government did not find it reasonable to revise the same, hence, the writ petition may be dismissed. On the direction of Court, respondents filed additional affidavit on 20th August, 2009 in which it has been mentioned that educational qualification for Lab Assistant and Technical Assistant under the Rajasthan Ayurved Subordinate Service Rules, 1966 is the same. It has further been mentioned that Lab Assistants and Technical Assistants were in the pay scale of Rs.110/ - to 230/ - since 1.8.1974. The pay scale of Lab Assistant was revised to Rs.1200/ - to 2050/ -, but pay scale of Technical Assistant continued in grade of Rs.880/ - to 1680/ -. Heard learned counsel for the parties. Learned counsel for the petitioners submitted that when educational qualification of Lab Assistant and 4 cw-4102-96 Technical Assistant is the same and previously their grade was also same, petitioners may be given atleast grade of Rs.1200/ - to 2050/ - as applicable to Lab Assistants as they form the same class. Learned counsel for the respondents admitted that respondent No.3 from time to time recommended grant of grade of Rs.1200/ - to 2050/ - to Technical Assistants, but so far this grade has not been granted. It is admitted position that petitioners are working as Technical Assistants in Ayurved Department. It is also admitted position that minimum educational qualification for recruitment to the post of Lab Assistant and Technical Assistant under the Rajasthan Ayurved Subordinate Service Rules, 1966 is the same. It is also an admitted fact that previously Lab Assistants and Technical Assistants were in scale of Rs.110/ - to 230/ -, but in the revised pay scale of 1989 scale of Lab Assistant was revised to Rs.1200/ - to 2050/ - whereas pay scale of Technical Assistants continued in the scale of Rs.880/ - to 1680/ - and it has not been revised to Rs.1200/ - to 2050/ -. When post of Technical Assistant and Lab Assistant requires same educational qualification for recruitm ent and their functions and duties are also same, 5 cw-4102-96 they certainly form sam e class and there cannot be any discrimination in their scales specially when both posts were placed in pay scale of Rs.110/ - to 230/ - since 1.8.1974. The petitioners who are Technical Assistants are still in the pay scale of Rs.950/ - to 1680/ - and from time to time respondent No.3 has recommended to the Government for revision of their pay scale to Rs.1200/ - to 2050/ - but it is surprising state of affairs that so far as Government has not considered and granted pay scale of Rs.1200/ - to 2050/ - to the Technical Assistants form ing same class with Lab Assistants. Petitioners are also entitled to grant of scale of Rs.1200/ - to 2050/ - as is applicable to Lab Assistants. Hence, writ petition is accepted and respondents No.1 to 2 are directed to grant pay scale of Rs.1200/ -to 2050/ - instead of Rs.950/ - to 1680/ - to the petitioners from the date scale of Rs.1200/ - to 2050/ - was given to Lab Assistant under the Rajasthan Ayurved Subordinate Service Rules, 1966 within a period of three months with all consequential benefits. (K.S.CHAUDHARI), J teekam