CW 2610/06 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.2610/2006 Laxmi Narain & (14) Ors Versus State & (3) Ors. Date of Order ::: 08/12/08 Hon'ble Mr. Justice Ajay Rastogi Mr. Rajendra Soni, for petitioners None, for respondents. Instant petition has been jointly filed with the grievance that petitioners have not been considered for grant of senior & selection scales and thus respondents failed to maintain parity among similarly situated persons while passing order dt.08/04/04 (Ann.6). Petitioners herein are working as Librarian in Department of College Education, Government of Rajasthan. Earlier they approached this Court by way of CWP-6324/98 for grant of revised UGC pay scale which were denied despite judgment dt.08/10/90 of this Court passed in CWP -608/1982 filed by Rajasthan University & College Physical Education Teachers Association. While disposing of their earlier writ petition this Court finally observed that once there was a judgment of this Court it was applicable in rem to all similarly situated employees and there was no justification for the petitioners compelling to approach this Court CW 2610/06 //2// since relief having already been granted vide judgment dt.08/10/1990, consequently this Court directed respondents to grant up-graded UGC pay scale to petitioners and others shall also be entitled for revised pay scales made applicable from time to time and at the same time, also imposed costs upon respondents – in compliance whereof, respondents granted benefit of revised UGC pay scale but petitioners herein were not considered for grant of Senior & selection scales under revised UGC pay scales. However, on representations made by petitioners, their records were called from respective Principals vide letters dt.07/08/03 (Ann.3) & dt.21/08/03 (Ann.4) and benefit of Senior & Selection Scales were granted to persons working as Librarian & Physical Education Instructor vide order dt.08/04/04 (Ann.6) but it was not extended to petitioners herein who therefore, served legal notice upon respondents and approached this Court by instant petition. Notices were issued by this Court on 05/04/06 – in pursuance whereof were duly served upon respondents as is evident from Office report dt.05/05/06 but the State Government failed to file any reply despite opportunity CW 2610/06 //3// being granted several times during last two years. That apart, no one has cared to appear on behalf of respondents. From the material on record, as is apparent from earlier judgment dt.30/10/01 (Ann.1), controversy was only in regard to upgraded UGC pay scale which was granted to petitioners after dispute being adjudicated by this Court. No justification came forward despite notice being served as to why candidature of petitioners herein has not been considered for grant of Senior & Selection scales on completion of 8 & 16 years of service while passing order dt.08/04/04 (Ann.6) in favour of similarly situated personnel; and as to why double standards were adopted by respondents. As already taken note of (supra), respondents have not taken care to file the reply to writ petition and none has appeared before this Court despite notices being served. In absence of any contrary material on record, this Court is of the opinion that respondents have adopted different standards while examining petitioners' case and of others for grant of Senior & Selection Scales to Librarians working in College Education. Such action of respondents CW 2610/06 //4// can certainly be considered to be violative of Art.14 of the Constitution. Consequently, writ petition succeeds and is hereby allowed. Respondents are directed to consider candidature of petitioners for grant of Senior & Selection Scales on completion of 8 & 16 years of service, in accordance with relevant rules and appropriate orders be passed within three months. No order as to costs. (Ajay Rastogi), J. K.Khatri/p.4/2610CW06-0812.doc