Ghan Shyam Charan vs High Court of Judicature for Rajasthan at Jodhpur and Another

S.S. Byas, J.—In this petition under Article 226 of the Constitution, the petitioner challenges the Notification Annexure-3 issued by the State Government on October 12, 1971.

The petitioner is a Law Graduate and obtained a degree of Bachelor of Library Science in the year 1968. He was appointed Librarian in the Rajasthan High Court, Jodhpur on October 3, 1968 and was confirmed later on. The pay scale of the Librarian of the High Court had been put at par with the Librarians of the Government Secretariat. The pay scale of Rs. 375-850 was allowed to the Librarian of the Government Secretariat with effect from January 1, 1970 by Notification Annexnre-4 dated December 7, 1971. The State Government, however, allowed the aforesaid grade to the Librarian of the High Court (here the petitioner) with effect from April 1, 1971 by the Notification Annexure 3 dated October 12, 1971. The petitioner made several representations to remove this anamoly and his case was recommended to the State Government by the Rajasthan High Court. But nothing happened. His representation was ultimately dismissed by the State Government somewhere in 1987. The grievance of the petitioner is that when the Librarians of the High Court and the Government Secretariat have been put at par in the matter of pay scales, it was highly discriminatory that the ay scale of Rs. 375-850 was allowed to the Librarians of the Governmet Secretariat with effect from January 1, 1970 and the same was allowed to him with effect from April 1, 1971. There is no logic behind this apparent discrimination.

Notices were issued to the respondents, namely, the High Court of Judicature for Rajasthan and the State Government. No return was filed.

We have heard Mr. G.N. Mathur for the petitioner and the learned Deputy Goverement Advocate Mr. B.R. Mehta.

There is no dispute and probably there cannot be any dispute that the pay scale of the Librarians of the Government Secretariat and the Rajasthan High Court has been put at par. When the Rajasthan Civil Services (New Pay Scale) Rules, 1969 came in force, the pay scale of the Librarians was fixed at Rs. 375-850. By notification Annexure-4 dated December 7, 1971, this pay scale was allowed to the Librarians of the Government Secretariat from January 1, 1970. But this pay scale was allowed to the Librarian of the Rajasthan High Court from April 1, 1971. We fail to understand as to what prevailed over the State Government to allow the aforesaid pay scale to the Librarians of the Government Secretariat with effect from January 1, 1970 and to allow the same to the Librarian of the High Court with effect from April 1, 1971. It is an apparent discrimination when both the services stand at par and equal pay scales have been granted to them in the past. There appears no logic or reasoning behind this discrimination shown by the State Government. The impugned Notification Annexure-3 is irrational and the discrimination shown is unsustainable.

In the result, we accept the writ petition and direct the respondents to give solmni the pay scale No. 19 of the Rajasthan Civil Services (New Pay Scale) Rules, 1969 (the pay scale of Rs. 375-850) to the petitioner with effect from January 1, 1970. No order as to costs.