Anju Khiriya W/o Shri Akhilesh Singh vs State of Rajasthan & Ors.

Instant petition has been filed by the petitioners, who were

appointed as Assistant Prosecution Officer Gr.II on fixed pay &

placed on probation for two years, with the grievance that in the

light of the judgment of the Division Bench of this Court in CWP-

2963/2007 dt.29-7-2015 (Gopal Kumawat Vs. State of Rajasthan

& Ors.), he is entitled to full salary during the period of probation

but despite judgment of Division Bench of this Court still the State

Government is making appointments on fixed remuneration during

the period of probation.

The relevant extract of paras32-36 of the judgment (supra)

reads as under :-

"32. In the present case, no material has been placed before us, nor any plea has been taken in the reply that the probationers, during the period of their probation, do not perform the same duties and responsibilities and are not required to carry out the same functions as confirmed employees. 33.We find the practice of payment of fixed remuneration without any allowances and benefit of increments to the probationers, who were appointed after adopting the regular selection process, on substantive posts, or even after following the selection process on ad hoc basis, as well as all those employees who are appointed on substantive posts, to be wholly illegal and arbitrary, and pernicious practice of forced labour. 34.We find no justification for the State Government, to adopt the practice of paying fixed remuneration to the probationers, which is not prevalent, either in the Central Government, or in any other States in the country. The Government of Rajasthan has adopted this evil practice of forced labour for its employees, taking advantage of the attraction of the Government service. The Notifications dated 13.03.2006, amending the Rules, are thus, declared to be unconstitutional, being violative of Article 14, 16, 21, 23 and 38 of the Constitution of India, and against the conscience of the Constitution of India. 35.The writ petition is allowed. The Notification dated 13.03.2006, amending the Rajasthan Service Rules, 1951, and the Notification of the same date i.e. 13.03.2006, amending the Rajasthan Civil Services(Revised Pay Scale) Rules, 1998- Fixed remuneration to probationer trainees, are hereby

quashed. The State respondents are directed to pay the entire differential amount of regular pay scale and allowances to the petitioner, after deducting the amount of fixed remuneration paid to him during the period of probation. 36.Now since by this judgment, we have declared the Notification dated 13.03.2006, amending the Rajasthan Service Rules, 1951, and the Notification of the same date i.e. 13.03.2006, amending the Rajasthan Civil Services(Revised Pay Scale) Rules, 1998- Fixed remuneration to probationer trainees, to be unconstitutional and consequently quashed the same, we direct that the State Government shall, pay to all its employees, appointed on regular or ad hoc basis under the statutory Rules on substantive posts, except the employees appointed on contract, daily rated or work charged employees, regular pay in time scale along with all allowances including Special Pay, Dearness Pay, Dearness Allowance, House Rent Allowance, City Compensatory Allowance, Non Practicing Allowance, Non-Clinical Allowance. Rural Allowance, Project Allowance, Mess Allowance, Washing Allowance or any other allowance, as are admissible to a confirmed employee in the same department. The payment of these allowances will not be dependent upon the period of probation, or successful completion of the period of probation. The probationer-trainees will also be entitled to deductions towards General Provident Fund(GPF), State Insurance, and Travelling Allowance, as are admissible and payable to the regular employees. They shall also be entitled to annual grade increments for the period of probation, after confirmation and Casual Leave, as in the case of other regular employees."

In the light of the judgment of the Division Bench of this

Court dt.29-7-2015, certainly the issue raised for consideration in

the instant petition is no more res integra but it is brought to the

notice of this Court that the judgment of the Division Bench of this

Court dt.29-7-2015 (supra), is pending adjudication in SLP before

the Apex Court and taking note thereof this Court considers it

appropriate to dispose of the present writ petition in the light of

the judgment of the Division Bench of this Court of which

reference has been made dt.29-7-2015 subject to outcome of the

pending SLP before the Apex Court.

Consequently, the writ petition stands disposed of in the light

of the judgment of the Division Bench of this Court dt.29-7-2015

and he too is entitled to full salary during the period of probation

but it will remain subject to outcome of pending SLP before the

Apex Court and shall be binding on the parties.