1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B.CIVIL WRIT PETITION NO.4731/2006 (Navratan Dadhich Vs. State of Raj. & Ors.) Date of order : 16.5.2008 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. M.A. Siddiqui, for the petitioner. Mr. P.S. Bhati, for the respondents. Heard learned counsel for the parties. In this case, the petitioner was appointed on the post of Teacher Grade – III vide order dated 21.11.1988 and after completion of probation period, his services were confirmed vide order dated 1.1.1991. The petitioner is continuing on the said post but unfortunately still petitioner is getting fixed salary whereas he was appointed after due selection in accordance with Rules by the respondents and he is performing duties as confirmed teacher Grade – III in the respondent Department. 2 Learned counsel for the petitioner has invited the attention of this Court towards Annexure-7 whereby pay fixation was made upon Revised Pay Scale Rules, 1998. In the said order, the name of the petitioner is appearing at Sl. No.29. Meaning thereby, the petitioner's salary was fixed in the revised pay-scale rules but unfortunately while fixing his pay in the pay scale of Rs. 4500-7000/-, he was granted fixed salary of Rs.4500/-, which is evident from the order dated 19.9.1999 (Annexure-7) passed by Vikas Adhikari, Panchayat Samiti Jahajpur, Bhilwara. The contention of the petitioner is that he is repeatedly filing representation before the respondents for granting the regular pay scale in revised pay scale framed by the Government of Rajasthan, which is prescribed for the Teacher Grade- III because he is continuing on the said post and his initial appointment was made in consonance with the provisions Rules on regular basis. Therefore, for all purposes, he was appointed on substantive bases. In this view of the matter, this writ petition is allowed. The respondents are directed to grant all benefits of pay scale to the petitioner under the revised pay-scale Rules prescribed by the Government of Rajasthan including basic pay, dearness allowance, house rent allowance etc. for which the petitioner is legally entitled. It is also ordered 3 that the fixation of the petitioner's salary right from his appointment vide order Annexure-1 dated 21.11.1988 till today shall be made within a period of three months from the date of receipt of certified copy of this order. It is also made clear that if fixationis not made within the stipulated period, then the petitioner will be entitled for simple interest @ 6%. No order as to costs. (GOPAL KRISHAN VYAS), J. arun