SBCWP NO.2211/04. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.2211/2004. Gambhir Singh Vs. Director Secondary School Education Bikaner & Ors. Date of order:- January 15, 2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri P.S. Tomar for the petitioner. Shri Hemant Gupta, Deputy Government Counsel. **** BY THE COURT:- The petitioner has challenged the orders passed by the respondents dated 26/6/2000, the order passed by the Rajasthan Civil Services Appellate Tribunal dated 5/12/2003 and 31/3/2003 whereby his appeal filed against the order dated 26/6/2000 whereby, grant of pay scale of Rs.2000-3200 to the petitioner upon completion of 8 years of service was withdrawn and by which the respondents instead granted to the petitioner pay scale of Rs.1600-2900. The petitioner has prayed for a direction to respondents to grant him pay scale of Rs.2000-3200 and further declare him entitled to corresponding pay scale of Rs.6500-10500 w.e.f. 1/9/1996 in the light of orders dated 6/9/1999 and 15/4/2000 with all consequential benefits. SBCWP NO.2211/04. 2 Learned counsel for the petitioner has at the outset submitted that benefit of selection scale granted to the petitioner was withdrawn without opportunity of hearing to the petitioner vide impugned order dated 26/6/2000 which is impugned in the present writ petition. Similar order dated 24/4/2003 was passed by the respondents in the case of one Shri Hotilal adjudging him fell for promotion on the post of PTI Gr.III from NDSI. While the Tribunal passed the order setting aside the orders dated 26/6/2000 and 29/6/2000. In the case of the petitioner, the Tribunal has adopted a different approach by merely remanding the matter to the respondents to pass fresh order after providing him opportunity of hearing. In these circumstances, petitioner has approached this Court and this Court vide interim-order dated 19/5/2004 directed the respondents to maintain status-quo. Learned counsel for the respondents does not dispute the position that similar matter was earlier taken up by the very same Tribunal for consideration which was decided by the Tribunal on merits holding that judgment dated 10/9/1997 passed by the Division Bench of this court in DBSAW No.01567/01 (Hotilal Vs. State) was mis-interpreted by the respondents and as many as 10 appeals were allowed vide judgment dated 31/3/2003 by which, impugned orders dated 26/6/2000 and 29/6/2000 to the extent that they pertained to change of pay scale of the appellants and recovery SBCWP NO.2211/04. 3 orders were quashed and consequential orders were also passed. In the light of the aforesaid factual position which is not disputed, the present writ petition is allowed for the same reasons stated in the order dated 31/3/2003 (Ann.3) passed by the Tribunal in Appeals No.1190/2000, 1215/2000, 1217/2000 etc. The order of the Tribunal dated 5/12/2003 (Ann.2) impugned in the present writ petition is quashed and set-aside. All consequential recovery orders are also quashed. Petitioner is held entitled to consequential benefits. (MOHAMMAD RAFIQ), J. anil