CWP-1468/2000 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R (1)SB CIVIL WRIT PETITION NO.1468/2000 Jitendra Kr.Agarwal & ors Vs.Govt.of Raj.& anr (2)SB CIVIL WRIT PETITION NO.1469/2000 G.Ramchandran & ors Vs. Govt. of Raj. & anr. (3)SB CIVIL WRIT PETITION NO.1471/2000 Sita Ram Sharma & ors Vs. Govt. of Raj. & anr. (4)SB CIVIL WRIT PETITION NO.1715/2000 Jagish Pd.Sharma & ors Vs.Govt. of Raj. & anr. (5)SB CIVIL WRIT PETITION NO.13075/2010 Dr.Kamal Kishore Saini & ors.Vs.The State of Raj.& ors (6)SB CIVIL WRIT PETITION NO.13076/2010 Sita Ram Koli & ors Vs. The State of Raj.& ors (7)SB CIVIL WRIT PETITION NO.13077/2010 Hazari Lal Bairwa & ors Vs The State of Raj.&ors DATE OF ORDER : 03/12/2010 HON'BLE MR. JUSTICE AJAY RASTOGI *** Mr.MK Sharma ] Mr,KN Sharma ], for petitioners. Mr.NK Saini ] Dr.Vibhuti Bhushan Sharma, AGC, for respondents Instant bunch of petitions has been filed by the petitioners who are holding the teaching post in the Department of Sanskrit Education with the grievance that the pay-scales of teaching faculty in Sanskrit Colleges should be equal to the pay-scale of teaching faculty in the Department of College Education on the basis of the principles of equal pay for equal work. Counsel for petitioners submit that initially a writ petition No.444/1988 was filed by one Kalicharan Bhattacharya which was CWP-1468/2000 2 decided on 22/02/1991 and after examining the submissions made, the coordinate Bench of this Court observed that the Lecturers in Sanskrit Colleges are entitled for the same pay-scale which is being given to the other Government Colleges against which appeal was preferred and the learned Advocate General made a statement that the Government had accepted the decision of the learned Single Judge and taking note thereof, the appeal preferred was not pressed and accordingly dismissed on 19th September, 1994. After the judgment of the learned Single Judge accepted by the State Government, it became their onerous duty that all the teachers of Sanskrit Colleges are to be given the same pay-scale as admissible to the teachers of other Government Colleges but it appears that for one reason or the other, it could not be implemented which compelled the petitioners and other similarly situated persons to approach this Court by filing the instant writ petitions with prayer that the same relief may be granted to them which once has been adjudicated by the Court. It may be relevant to observe that at a later stage, when the matter was decided by this Court, the State Government preferred special appeal and also went to the Apex Court CWP-1468/2000 3 and after the SLP was dismissed, relief was confined only to those who approached to the Court and all those judgments have been noticed and referred to by the coordinate Bench of this Court before the main seat at Jodhpur in CWP- 8418/2010, decided on 25/10/2010 in which it has been finally observed as under:- “In view of the aforesaid legal position and the controversy being squarely covered, this Court is not inclined to reopen the controversy any more and the same has been put to rest by the judgments of this Court time and again and, therefore, it is high time that the respondents should implement the said judgments in letter and spirit and provide the same relief and treatment to the lecturers of the Sanskrit Colleges and pay the same pay and allowances as is being paid to the lecturers of other general Colleges” Counsel for petitioners jointly submit that the present petitioners are also similarly situated and are entitle for the same relief which has been granted by the coordinate Bench in the judgment referred to supra. Counsel for the respondents has not been able to controvert the judgments of which reference has been made supra. Consequently, the writ petitions stand allowed. The respondents are directed to CWP-1468/2000 4 implement the judgments in letter and spirit which have been referred to by coordinate Bench of this Court before the main seat, Jodhpur in CWP-8418/2010, decided on 25/10/2010 and provide the same pay-scale, relief and treatment to the Lecturers and other teachers of the Sanskrit Colleges which are being paid/given to the Lecturers & teachers in other Government Colleges. It is made clear that after due computation and fixation of their pay in the Revised Pay Scale Rules in terms of the judgment supra, the petitioners shall be entitled for all consequential benefits from the date of filing of the writ petition. The respondents shall make their fixation within a period of three months and actual consequential benefits and payment shall also be made within a period of three months thereafter. No costs. [AJAY RASTOGI], J. Raghu/p.4/ 1468-CW-2000-final.doc