CW 2499/96 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.2499/1996 Madanlal Taneja Versus Supdg. Eng. Irrigation Kota & Anr. Date of Order ::: 13/08/09 Hon'ble Mr. Justice Ajay Rastogi Mr. Samander Singh, for petitioner Mr. Hemant Mathur, Dy.Govt. Counsel, for respondents-State Instant petition has been filed assailing Award dt.07/10/95 (Ann.4) passed by Industrial Tribunal, Kota in Case NO.26/90. Petitioner while working as Surveyor in department of irrigation raised a dispute that he is entitled to be fixed in pay scale of Rs.470-930/- w.e.f. 25/01/90 as is admissible to holder of post and working as Supervisor. It has not been disputed by petitioner even before the tribunal that he was appointed and holding the post of Surveyor and was fixed in the pay scale whereof. His only grievance raised before the Tribunal was that he is entitled to pay scale of Rs.470-930/- as admissible to those holding and working as Supervisor and even in cross examination, it was admitted by him that those who were working as surveyor in Kota, no one has been fixed in pay scale of supervisor. However, it CW 2499/96 //2// appears that his grievance is that once Gordhan who to was working surveyor was fixed in higher pay scale of Supervisor. Learned Tribunal after taking note of material on record, finally observed that petitioner was working while holding postof Surveyor and thus was fixed in pay scale as admissible to him. No material came on record by which he he can be held entitled to claim the pat scale of supervisor, as raised before the Tribunal. It is also not case of petitioner before this Court that he is not being paid the pay scale of the post which he holds. His grievance before this Court is that he is entitled for fixation of pay scale of supervisor and in support, he has placed reliance on the order dt.25/01/80 referred to in order dt.10/06/80 (Ann.2) in regard to fixation being shown for the post of Surveyor pursuant to revised pay scale of Rs. 470- 930/-. Suffice it to say that petitioner is working on the post of Surveyor and was fixed in the pay scale revised from time to time. As regards his claim for his fixation in pay scale of supervisor, which since being inadmissible then cannot be held admissible to CW 2499/96 //3// him. That apart, even if any other incumbent is granted revision of higher pay scale despite being not admissible while holding the post of surveyor, it being an apparent illegality cannot be allowed by this Court to perpetuate if committed by State authority. Learned tribunal taking note of material on record, answered the reference while holding that petitioner is not entitled for fixation in higher pay scale of supervisor being not admissible to him. This Court does not find any manifest error committed by Tribunal which may call for interference in the Award, impugned herein. Consequently, writ petition fails and is hereby dismissed. NO costs. (Ajay Rastogi), J. K.Khatri/p.3/ 2499CW96Aug13.doc