1 S.B. CIVIL WRIT PETITION NO.4103/2006 (Dr.Vinay Mathur vs. The State of Raj. & Ors.) Date of Order :: 07.05.2008 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.Harish PUrohit, for the petitioner. Mr.K.L. Thakur, Addl. Advocate General. In this case, the petitioner has prayed for direction to the respondents to treat the petitioner as in service candidate/existing employee and accordingly to fix the pay scale of the petitioner as per Rules with all consequential benefits. It is submitted by learned counsel for the petitioner that in identical writ petition being D.B. Civil Writ Petition No.8131/2005 an assurance was given by the Government before the Division Bench at Jaipur that the remuneration that the petitioner was receiving as on 20th January, 2006 shall be protected by way of special allowance. The assurance given by the Additional Advocate General in above writ petition reads as follows:- “Mr.Bharat Vyas, Additional Advocate General submits that he has instructions to make a specific statement on behalf of the State Government that the remuneration that the petitioner was receiving as on 20.01.2006 shall be protected by way of special allowance.” 2 In this view of the matter, if State Government has chosen to grant benefit of protection of pay to the similarly situated person, then petitioner's case cannot be discriminated. Accordingly, the writ petition is disposed of in terms of the same directions issued by the Division Bench at Jaipur in para 3 of the said order passed in D.B. Civil Writ Petition No.8131/2005 dated 15th January, 2008 . Further it is clarified that the remuneration that the petitioner was getting as on 20th January, 2006 during probation period shall be protected by the State Government by way of special allowance. (GOPAL KRISHAN VYAS),J. A.K. Chouhan/-