SBCWP NO.1426/97. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.1426/1997. Shish Ram Versus State of Rajasthan & Ors. Date of Order:- March 5, 2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ None present for the petitioner. Shri Ganesh Meena, Government Counsel. ***** BY THE COURT:- None has put in appearance on behalf of the petitioner even in the second round. Argument was concluded on the basis of the averments of the writ petition and arguments raised by the learned Government Counsel. Petitioner approached this Court in the year 1997 aggrieved by the fact that his two juniors Khuba Ram and Sanwarmal were granted the regular pay scale of Class-IV post w.e.f. January 1990 in compliance of the order passed by this Court in SBCWP No.4457/1989 dated 24/12/1993 and order dated 9/1/1991 passed in SBCWP No.589/1990. Petitioner has been subjected to discrimination in that he has been given benefit of regularization w.e.f. 18/11/1990. In other words, what the petitioner is contending his two juniors were granted the benefit of SBCWP NO.1426/97. 2 regularization on the post of Class-IV from January 1990 whereas petitioner was granted such salary vide order dated 18/11/1990 from that date. Learned counsel for respondents opposed the writ petition and submitted that in their cases, since there was order passed by this Court, they were granted the regular pay scale of class-IV post from January 1990 and in the case of the petitioner w.e.f. 18/11/1990. Hence, petitioner could not be granted such benefits. However, from the specific plea set up by the petitioner in para 4 of the writ petition, I find that the fact that two of his juniors were granted benefit of regular pay scale of class-IV post from January 1990 has not been disputed by the respondents in para 4 of reply to the writ petition. They have not denied the fact that junior persons to the petitioner were granted regular pay scale of Class-IV post from January 1990. The argument of discrimination is thus stands substantiated. Even if, two persons were granted benefit of regular pay scale of Class-IV post, pursuant to the judgments of this Court, petitioner, who is senior to them, would also be entitled to that benefit atleast from January 1990. In the result, writ petition is allowed. Respondents are directed to accord regular pay scale of the post of Class-IV w.e.f. January 1990 to the petitioner when such benefits were granted to Shri SBCWP NO.1426/97. 3 Khuba Ram and Sanwarmal, juniors to the petitioner. Compliance of the judgment shall be made within a period of three months from the date copy of this judgment is produced before the respondents. A copy of this order be also endorsed to the petitioner for his information. (MOHAMMAD RAFIQ), J. anil