1 S.B. CIVIL WRIT PETITION NO.4559/2004 (Ramlal Gaur vs. State & Ors.) Date of Order :: 25.04.2008 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Dr.P.S. Bhati, for the petitioner. Mr.N.K. Mehta, Dy. Govt. Advocate. Heard learned counsel for the parties. By way of filing present writ petition, the petitioner has prayed for stepping-up of his pay in accordance with the Rule 32 of the Rajasthan Services Rules, 1951. The earlier writ petition preferred by the petitioner was disposed of vide order dated 20th February, 2003 by the Co-ordinate Bench of this Court which reads as under:- “In view of the statement made by Shri Vimal Mathur, learned counsel for the respondents, the petition is disposed of with the direction to the respondents that if the case of the petitioner has not yet been decided for stepping- up the pay, it shall be decided expeditiously.” After decision of the earlier writ petition filed before this Court, the matter has been decided by the respondents vide order dated 29th November, 2003 (Annexure-10) which is under challenge 2 in this writ petition. Upon perusal of the comparative chart of petitioner Ram Lal Gaur, Pratap Singh Chittora, Suresh Shrimali and Bhuri Lal Chobisa, the petitioner's case was to be considered in the light of this chart. But upon perusal of Annexure-10, it is revealed that at the time of considering the case of petitioner for stepping-up of his pay, the case was considered in the light of Revised Pay Scale Rules, 1989 only, whereas, the matter was to be decided while taking into account the entire service right from initial entry into the service for the purpose of finalizing the matter for stepping-up of the salary of petitioner. Obviously, Annexure-10 has been passed without proper consideration, so also, ignoring the service period of petitioner and Pratap Singh Chittora from the initial entry into the service. Therefore, I deem it just and proper to quash the order dated 29th November, 2003 (Annexure-10) and to remit this case to the respondent-department for reconsidering the case of the petitioner for stepping-up of his pay under Rule 32 of the Rajasthan Service Rules and further respondent-department is directed to reconsider the case of the petitioner for the said purpose in the light of the comparative charge filed before this Court, after providing opportunity of hearing to the petitioner objectively. This exercise shall 3 be completed within a period of three months from today. With these observations/directions, the writ petition is disposed of. (GOPAL KRISHAN VYAS),J. A.K. Chouhan/-