IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIUR. S.B.Civil Writ Petition No.217/1995. Yogendra Bahadur Bhatnagar. Versus. State of Rajasthan & Others. Date of Judgment: 12.2.2009. Hon'ble Mr.Justice Mohammad Rafiq. None present for the petitioner. Mr.Zakir Hussain Addl.G.A. This writ petition has been filed by the petitioner with the prayer that the respondents be directed to grant him pay scale of Surveyor Ist from the date such pay scale was granted to respondent No.4 5 who were junior to him. The petitioner has contended that he was having Diploma in I.T.I. His name was shown at Sl.No.5 in the seniority list dated ..2.. 30.9.1989 issued by the respondent Department, under the head of 'Surveyor' whereas the name of respondent No.4 & 5 were appeared at No.1 & 2 in the head of 'Surveyor Amin'. The Executive Engineer, Department of Irrigation, Division I Dudu, District Jaipur has recommended the case of the respondent No.4 & 5 for promotion to the post of Surveyor-Ist and for granting him pay scale on that post. The petitioner is having the same qualification, yet he was not given promotion on the post of 'Surveyor Ist'. Feeling aggrieved, the petitioner approached this Court by way of filing a writ petition bearing S.B.Civil Writ Petition No.4674/94. This Court vide its Order dated 26.8.1994, disposed of the said writ petition with liberty to the petitioner to submit a ..3.. representation to the respondents. Accordingly, the petitioner submitted a representation on 12.9.1994. However, his representation was rejected vide order dated 17.10.1994. It is submitted that the action of respondents in not granting promotion to the petitioner on the post of Surveyor Ist was illegal and discriminatory and violative of Article 14 and 16 of the Constitution of India. The respondents No.4 & 5 were holding lower post whereas the petitioner was holding the post of Surveyor which was higher than that of Surveyor Amin. It is further submitted that the pay scale of Surveyor Ist was 1160-2360 whereas the pay scale of Surveyor Amin was starting from Rs.1050/- and the petitioner should have been fixed in the pay scale of Surveyor Ist. ..4.. On the other hand, in reply to writ petition the respondents submitted that according to existing rules, the petitioner was required to possess qualification of Polytechnic. It is contended that the higher scale is payable to Surveyor possessing Polytechnic Diploma or Engineer Graduate, whereas the petitioner was having only ITI Diploma. Even higher pay scale was granted to respondent No.4 erroneously. The petitioner is not entitled to receive the same. However, the respondents have specifically not denied that they have granted higher pay-scale to the respondent No.4 & 5, but they contended that they are now not working in the Irrigation Department as both were declared surplus and have been absorbed in other departments and recovery of excess amount paid to them can be made. ..5.. In view of the reply, I find, grant of higher pay scale to respondent No.4 & 5, who were juniors to the petitioner cannot be justified. Even if it is proved that respondents No.4 & 5 were not eligible to get higher pay-scale and recovery of excess payment would be made from them as submitted by respondents, nothing has been asserted before this Court that any such recovery was actually made from the respondents No.4 & 5 and they were reduced to the lower scale. As per the provisions contained in Rajasthan Service Rules, a senior is entitled to get his pay stepped up at par with junior according to next below rule. Even if the respondent No.4 & 5 on later point of time were declared surplus and as such sent to another department, they would be benefited by reason of being fixed in higher scale of pay on account of their absorption on the post with such pay-scales. The respondents ..6.. could not justify why the case of the petitioner was not considered while recommending the the case of the respondent No.4 & 5 simultaneously for their promotion to the post of Surveyor-I by the Executive Engineer concerned and when it was granted to respondent No.4 & 5. In view of the above discussion, this writ petition is allowed with the direction to the respondents to give promotion to the petitioner on the post of Surveyor Ist from the date on which his junior persons have been given such benefits, with all consequential benefits. Compliance of this judgment be made within three months. A copy of this judgment be endorsed to the petitioner for information. (Mohammad Rafiq)J. k.