Indian Kanoon - Search engine for Indian Law

RAJASTHAN JUDICIAL SERVICE

1. Ordinary Scale 1720-3350

2. Senior Scale 2540-3900

3. Selection Scale 2975-4700

4. Supertime Scale 3900-5300 and the following two scales of pay remained untouched as regards Officers of the Rajasthan Higher Judicial Service RAJASTHAN HIGHER JUDICIAL SERVICE

1. Ordinary Scale 2750-5000

2. Selection Scale 4275-5500 Thus, it is clear that it was from 13.8.1987 that the pay scale of Ordinary scale of RHJS Officers was brought lower to the Selection and Supertime scales RJS Officers and it remained lower upto 31.8.1988. However, the Rajasthan Civil Services (Revised Pay Scales)Rules, 1989 came into force with effect from 1.9.1988 and the following pay scales were granted to the Officers of the Rajasthan Higher Judicial Service and Rajasthan Judicial Service:

RAJASTHAN HIGHER JUDICIAL SERVICE:

1. District & Sessions Judges (Selection Scale) 5100-6300

2. District & Sessions Judges 4500-5700 RAJASTHAN JUDICIAL SERVICE:

1. Ordinary Scale 2200-4000

2. Senior Scale 3000-4500

3. Selection Scale 3700-5000

4. Supertime Scale 4500-5700 Thus, with effect from 1.9.1988, the super-time scale Officers of Rajasthan Judicial Service were brought at par with the Ordinary Pay scale of the Officers of Rajasthan Higher Judicial Service. Thus, it is clear that the Officers of the Rajasthan Higher Judicial Service were brought at par with the Officers of the Super time scale of Rajasthan Judicial Service not on the advice of any expert-body. When it has been admitted by the State Govt. that the Rajasthan Higher Judicial Service is a superior service than the Rajasthan Judicial Service and the nature of duties, nature of functions and jurisdiction over the cases to be decided by the RHJS Officers are superior than the Officers of the Rajasthan Judicial Service, the grant of similar running pay scales of Rs. 4500-5700 to the Ordinary scale Officers of the Rajasthan Higher Judicial Service and the supertime scale RJS Officer is unjust and arbitrary and, therefore, the pay scale of Rs. 4500-5700 granted to the ordinary scale RHJS Officers deserves to be quashed.

20. Our attention was next drawn to a decision of the Central Administrative Tribunal, Madras in N. Thangaraj and Ors. v. The Union of India and Anr. 1992(1) All India Services Law Journal (Madras) 97, wherein the Department had already directed to frame scheme to regularise daily labour. It was held that the applicant's services shall not be terminated but they should be regularised as and when vacancy is available. On facts, this authority has no application to this case.

21. He has further drawn our attention to a decision of their lordships of the Supreme Court in State of UP. v. J.P. Chaurasia (1989) 1 SCC 121, wherein it has been observed that in cases of parity in employment, factors justifying differentiation depends on evaluation of duties and responsibilities besides quantity, quality which are also material. The Courts are not suited to evaluate and compare on the basis of affidavits and pleadings. Such matters should be left to the executive who should appoint an expert body for the purpose. Courts should respect such determination unless malafides are shown. Here, it is an admitted case of the non- petitioner-appellant that RHJS is definitely a superior service than Rajasthan Judicial Service keeping in view the nature of duties, responsibilities and functions and, therefore, it is not a case where the Court will have to evaluate and compare their comparative duties and functions and powers on the basis of affidavits and pleadings. It is not a case where a direction has been issued to the State Govt. to frame new ordinary and selection scales. The scales stand formulated in the Rules. The question is that when, ever since the formation of the State of Rajasthan, the RHJS having been treated as a superior service than RJS, higher pay scales were granted to the Officers of the RHJS than the Officers of Rajasthan Judicial Service and thus, the grant of similar pay scales to the Officers of RHJS (Ordinary scale) and RJS (supertime scale) being unjust and arbitrary deserve to be quashed than which particular scales should be granted to the Officers of Rajasthan Higher Judicial Service so that the vice of arbitrariness and unjustness is remedied and the principle of equality enshrined in Article 14 of the Constitution stands complied with.

However, the third direction given by the learned single Judge to grant supertime scale of Rs. 7300-7600 to seven Officers of the RHJS from amongst those who are already in selection scale w.e.f 1.1.1992 and post them as District Judges at five Divisional Headquarters other than Jaipur and two at Jaipur; one for Jaipur City and another for Jaipur District is set aside. It is for the High Court to recommend for grant of such a supertime scale to the RHJS Officers to the State Govt. and it is for the State Govt. to consider and decide such a request, if made by Hon'ble the Chief Justice on behalf of the Full Court within a reasonable time so that no heart-burning may persist in this wing of administration of justice.