CW 5351/08 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.5351/2008 State of Rajasthan Versus Kailash Chand Saini Date of Order ::: 29/05/08 Hon'ble Mr. Justice Ajay Rastogi Mr. JK Agrawal, Addl. Govt. Advocate, for petitioner Instant petition has been filed by State assailing order dt.28/09/07 whereby Service Appellate Tribunal held respondent employee as entitled for protection of pay U/s 26-C of Rajasthan Civil Service (Amendment) Rules, 1994 (“R.S.R.”) as was extended in favour of another employee (Ashok Kumar) who is alleged to have been similarly situated like respondent employee. Respondent employee was initially working in work-charged cadre since 01/10/85 and was declared semi-permanent vide order dt.30/08/92 and has fixed in pay scale of Munshi. At that relevant point of time, he applied for the post of LDC advertised by RPSC and on being finally declared successful, was appointed as LDC vide order dt.07/01/99 and was fixed at minimum pay of Rs.3050/- in scale of LDC, while at that time, he was drawing basic pay of Rs.3265/- holding semi- permanent status in work-charged cadre. It appears that petitioner applied for protection of his pay in terms of R.26-C of RSR, CW 5351/08 //2// which was declined, hence assailed by filing appeal before the Tribunal. After taking note of R.26-C of RSR and so also the fact that one employee similarly situated was considered and granted benefit of protection of pay on the basis of his regular selection to the post of LDC; and accordingly set aside the rejection of claim of petitioner for protection of pay and the State was directed to grant benefit of protection of pay as claimed for by him. Govt. Counsel inter-alia submits that R.26-C of RSR is applicable in case of such employees who were members of work-charge cadre but later on were converted against regular posts whereas respondent employee was working in work- charged cadre and appointed upon open selection on the post of LDC; as such the tribunal has committed an error in extending benefit of protection of pay in terms of R.26-C of RSR. R.26-C of RSR provides protection of pay to such employees who are working in work-charge service and were later on regularly appointed as in case of respondent employee who was initially working in work-charged cadre and later on regularly appointed through RPSC on the post of LDC. In the opinion of this Court, the tribunal has not committed any error in granting benefit of CW 5351/08 //3// protection of pay in terms of R.26-C of RSR in favour of respondent employee. Hence no interference is called for in exercise of jurisdiction U/Art.226 & 227 of Constitution. Consequently, writ petition fails and is hereby dismissed. (Ajay Rastogi), J. K.Khatri/p.3/5351CW08-2905.doc