1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.2286/05 Mahipal Gandhi vs. State & Ors. Date of order : 6/4/2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Subhash Bisawa for the petitioner. Shri Pradeep Kalwania, Addl. Govt. Counsel for the respondents. ****** Heard. The controversy raised in this petition is squarely covered by the decision of this Court in S.B. Civil Writ Petition No.4988/02 (Ram Ratan Chouhan vs. State-2007(5) SLR 470), decided on 20th November, 2006 wherein relief was granted to the petitioner in the following terms: “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 2 aside. The petitioners are held entitled to receive and continue to receive their salary in the pay scale of 8000-13500. Consequently recovery orders passed in the case of 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% per annum, with a period of three months from the date of service of copy of the judgement. There shall be however no order as to costs.” This writ petition is accordingly allowed and the respondents are directed to grant the same benefits to the petitioner as has been granted in Ram Ratan Chouhan (supra). (MOHAMMAD RAFIQ), J. RS/