1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- SPL. APPL. WRIT No. 781 of 1997 STATE OF RAJ.& ORS V/S BHANWAR LAL JANGID Mr. BL BHATI, AGA, for the appellant / petitioner None present for the respondent Date of Order : 14.1.2008 HON'BLE SHRI N P GUPTA,J. HON'BLE SHRI DEO NARAYAN THANVI,J. ORDER ----- By this appeal, the appellant seeks to challenge the judgment of the learned Single Judge dated 4.3.97, whereby the writ of the private respondent was allowed, and direction was given to step up the pay of the writ petitioner at Rs.2360/- per month from the date Ram Chandra and Bajrang Lal were fixed at that scale with all consequential benefits. The facts, as appearing from the writ petition are that the writ petitioner claimed that the three persons, being petitioner, Ram Chandra and Bajrang Lal were appointed on 21.8.57, 14.7.58 and 10.7.58 respectively in the same pay scale. Then the petitioner passed BSTC in the year 1959-60, while Bajrang Lal and Ram Chandra passed in the year 1960-61 and 1961-62 respectively. However, Ram Chandra and Bajrang Lal were promoted in the higher pay 2 scale vide order dated 21.4.84, but then despite the petitioner being senior, he was not given the benefit. Thereupon, the petitioner submitted representation, but in vein. Reply to the writ petition had been filed, and it was pleaded that the petitioner was appointed on 23.8.58 and he joined the duties on 1.8.57, whereas Ram Chandra and Bajrang Lal joined on 14.7.58 and 2.7.58 respectively. Then it was pleaded that the three persons were promoted to the post of Teacher Gr.II against the quota earmarked for 1977- 78. Then it is pleaded that the petitioner and Bajrang Lal were both fixed in the revised pay scale of 1989, at the scale of Rs.2200/-, and both were given the benefit of selection grade in the scale of II Grade Teacher. However, Bajrang Lal and Ram Chandra passed B.Ed. Examination, therefore, they were fixed in the pay scale prior to the petitioner, however it was not disputed that the petitioner is senior to Bajrang Lal and Ram Chandra. It is on these pleadings that the learned Single Judge has passed the aforesaid order. The appeal was admitted by this Court on 4.8.97. Thereafter, when the matter came up for hearing on 20.9.2007, the appellant was directed to place on record the order of the fixation of pay at Rs.2200/- in the year 3 1989 in respect of the three incumbents, as alleged in the reply. In addition, the counsel was also required to furnish information about, (i) the order by which Bajrang Lal and Ram Chandra had been given the benefit of selection scale, (ii) the provisions under which provision the selection scale was given to Bajrang Lal and Ram Chandra, (iii) the date from which such selection scale was granted to said incumbents and; (iv) the order promoting the petitioner from the post of Teacher Grade II to the Lecturer, and consequential fixation of his pay as Lecturer, and the case was adjourned. Thereafter again, the matter was adjourned more than ones, but even today, learned counsel is not in a position to furnish any of the informations. That being the position, in absence of anything to show, that merely on account of other two persons, acquiring the qualification of B.Ed. prior to the petitioner, were entitled to higher pay scale, despite being junior to the petitioner, we do not find any error in the impugned order. It is significant to note, even at the cost of repetition that vide order dated 20.9.2007, counsel for the appellant was directed to furnish information about the provision under which the selection scale was given to Bajrang Lal and Ram Chandra, but then even that provision has not been shown. 4 The appeal thus, has no force and is dismissed. The parties are left to bear their own costs. ( DEO NARAYAN THANVI ),J. ( N P GUPTA ),J. /tarun/