1 S.B.CIVIL WRIT PETITION NO. 2334/2008 Asu Singh Vs. State of Raj. & Ors. Date of Order :: 5.11.2008 HON'BLE MR. JUSTICE GOVIND MATHUR Mr D.K. Gaur, for the petitioner/s. Mr O.P. Boob, for the respondents. ... The petitioner an Ex Service personnel was reemployed as Patwari under an order dated 29.11.1996. One Sh. Sushil Kumar Yadav (respondent No.4) was also employed as Patwari alongwith the petitioner against the vacancies relating to the quota of ex service personnels. The fixation of pay of Sh. Sushil Kumar Yadav was made at higher point vis a vis the petitioner and several other persons employed as Patwari against the vacancies reserved for ex service personnels, thus, the petitioner and other persons having fixation of their pay at lower pedestal submitted representations to the respondents, however, no action was taken by the Government thereon. Sh. Mahendra Prasad Sharma and Sh. Mahendra Singh who too were fixed at the lower point in the pay scale concerned preferred a writ petition (SBCivil Writ Petition No.3638/2005) and that came to be disposed of on 5.7.2005 with following directions. “Thus this writ petition filed by the petitioner is disposed of in the manner that the petitioners are directed to file fresh representations within a period of 15 days from today and the concerned authority shall consider and 2 decide the same either way in accordance with law within a period of two months. If it is found that the petitioners are entitled for any relief in accordance with law, then the same may be given to the petitioners within a period of two months and if the petitioners are not found entitled to the relief sought for, then a reasoned and speaking order, strictly in accordance with law, may be passed.” After disposal of the writ petition aforesaid Sh. Mahendra Prasad and Sh. Mahendra Singh submitted representations to the respondents and the respondents accepted their claim by making necessary fixation in the pay scale concerned at par with Shri Sushil Kumar. The petitioner also submitted a representation to the Collector (Land Records), Churu to make his fixation in the pay scale of Rs.3050-4590 claiming parity with Sushil Kumar Yadav in fixation of the pay, that was of Rs.3200 whereas fixation of the pay of Sh. Sushil Kumar Yadav was made at Rs. 4110 in the pay scale of Rs. 3050-4590 at the time of appointment. The relief claimed by the petitioner was not allowed to him by the respondents though the same has been extended in favour of Sh. Mahendra Prasad Sharma and Mahendra Singh after consideration of their representation, hence this petition for writ therefore is preferred. In reply to the writ petition no denial is made by the respondents regarding the grant of pay fixation to Sh. Mahendra Prasad and Mahendra Singh by maintaining parity with Sushil Kumar Yadav. No adequate reason is given by the respondents for not considering case of 3 the petitioner agitated by him under the representation (Annexure-3) submitted by him. In totality of the facts of the case I consider it appropriate to dispose of this petition for writ by directing the respondents to consider and decide case of the petitioner regarding fixation of his pay in the pay scale of Rs. 3050-4590 w.e.f. 17.9.1998 at par with Sh. Sushil Kumar Yadav, Mahendra Prasad and Mahendra Singh within a period of three months from today. No order as to cost. (GOVIND MATHUR), J. Jgoyal '