// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN 1. S.B. Civil Writ Petition No.5460/2006 {Ramchandra Malav Vs. State of Rajasthan and Others} 2. S.B. Civil Writ Petition No.5461/2006 {Smt. Vijaylaxmi Vs. State of Rajasthan and Others} 3. S.B. Civil Writ Petition No.5462/2006 {Smt. Annapurna Tyagi Vs. State of Rajasthan and Others} 4. S.B. Civil Writ Petition No.5486/2006 {Babulal Mittal Vs. State of Rajasthan and Others} Date of Order ::: 26.05.2009 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri Kunwar Bahadur, Counsel for petitioners Dr. M.S. Kachhawa, Additional Government Counsel for respondents #### By the Court:- At request of learned counsel for the parties, arguments were heard finally and above writ petitions are being disposed of. In above writ petitions, petitioners have challenged Notification dated 7th August, 1998 (Annexure-2), issued by the Government of Rajasthan, Finance Department (Rules Division), whereby their pay-scale of 8000-13500 was reduced and it was made effective only from 1st // 2 // July, 1998, and recovery notice dated 3rd July, 2006 (Annexure-1) issued in pursuance of the aforesaid Notification. Learned counsel for both the parties fairly and frankly admitted that controversy involved in the present writ petitions has already been resolved in various judgments delivered by different Benches of this Court allowing all writ petitions and the impugned Notification dated 7th August, 1998, so far it takes away the accrued rights of the petitioners by reducing their pay scale, has been declared ultra vires to Articles 14 and 16 of the Constitution and the same has been quashed to that extent and consequently the recovery orders have also been quashed. One of the judgments, referred by both the parties, is in Ram Ratan Chouhan V. State of Rajasthan – 2006 (5) WLC (Raj.) 606, decided on 20.11.2006. Para 19 of the aforesaid judgment is reproduced as under:- “19. Upshot of the aforesaid discussion is that the writ petitions are allowed and the impugned notification dated 7th August, 1998 in so far as it seeks to take away and withdraw the accrued and vested rights of the petitioners by reducing their fixation in the pay scale of 7500-12000 to that of 8000-13500 w.e.f 1st July, 1998 is declared ultra vires to Articles 14 and 16 of the Constitution of India and is accordingly quashed and set aside. The petitioners are held entitled to receive and continue to receive their salary in the pay scale of 8000-13500. Consequential recovery orders passed in the case of // 3 // the petitioners would also stand quashed and set aside and they would be entitled to refund of the amount, if already recovered together with interest @ 6% p.a. within a period of three months from the date of service of copy of the judgment. There shall be, however, no order as to costs.” As agreed by both the parties that the above four writ petitions are fully covered by the aforesaid judgment, hence all the four writ petitions are allowed and the same directions are issued in these writ petitions, which have been issued in Ram Ratan Chouhan's case (Supra) and in the same manner as reproduced above. Costs is made easy. This order disposes of four writ petitions, therefore, office is directed to place a copy of this order in the files of three other connected writ petitions. (Narendra Kumar Jain) J. //Jaiman//