SBCWP NO.3713/96. SBCWP NO. 249/97. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R 1) S.B. CIVIL WRIT PETITION NO.3713/1996. Sita Ram Sharma Vs. State of Rajasthan 2) S.B. CIVIL WRIT PETITION NO.249/1997. Radhey Shyam Sharma Vs. State of Rajasthan Date of order:- January 13, 2009. HON'BLE SHRI JUSTICE MOHAMMAD RAFIQ Shri A.N. Gupta and Dr. P.C. Jain with Shri G.C. Gaini for the petitioners. Shri Hemant Gupta, Additional Government Counsel. ***** BY THE COURT :- Learned counsel for the petitioners has cited the judgment of the Principal Seat at Jodhpur dated 7/11/2008 passed in SBCWP No.1326/96 (Rajasthan Gram Sewak Sangh Vs. The State of Rajasthan & Ors.) and five connected writ petitions involving similar controversy. 2) According to the aforesaid judgment, it appears that the Government of India passed an order on 12/6/2008 whereby it was decided that as an exception on completion of 9 years of regular service by a Village Level Worker cum Secretary in the pay scale 3200-85-4900, he may be allowed First Selection SBCWP NO.3713/96. SBCWP NO. 249/97. 2 Grade in the pay scale of Rs.5000-150-8000 of the promotion post of Panchayat Extension Officer. The court was informed that in some of the cases even for the period prior to 24/4/1991, recovery was made from the various Gram Sewaks and all such amount was recovered from the petitioners even after 25/4/1991 even if, the government vide order dated 3/2/1996 (An.8) directed that amount if any paid in excess prior to 25/4/1991, will not be recovered, however, for subsequent period, recovery can be made. In the present writ petition also, the order issued by the government on 3/2/1996 is in consequence of the re- fixation order, are under challenge. The co-ordinate bench of this court in the writ petition while disposing of the same, gave following directions:- “6. In view of the waiver of recovery by Department Order dt.23.6.2001 Ann.R-1 and statement of learned AAG, there is no question of any recovery from the petitioner on account of their revised pay fixation from Rs.1400-2600 to pay scale of Rs.975-1720 under the orders Annex.6 dtd.3.2.1996. The effect of this order dtd.23.6.2001 is also that recovery, if any, so made from the petitioners shall be refunded back to them forthwith. As far as grant of higher pay scale is concerned, the order dtd.12.6.2008 Annex.R-2 quoted above clearly stipulated that the Governor is pleased to order that as an exception on completion of 9 years of regular service by a Village Level Worker cum Secretary in pay scale 3200-85-4900 may be allowed first selection grade in the pay scale of 5000-150-8000 of the promotion post of Panchayat Extension Officer. Thus, the said latest order of the State Government dtd.12.6.2008 Annex.R-2 takes away the adverse effect of order dtd.3.2.1996 issued by the SBCWP NO.3713/96. SBCWP NO. 249/97. 3 State Government which was impugned i the present writ petitions and these Gram Sewaks have been given the new pay scale i.e. 5000- 8000 upon completion of 9 years of regular service. In view of the stand taken by the State Government on both the issues s to the recovery and as to grant of further selection grade to the Grqam Sewak, the relief claimed in the present writ petitions stands granted to the petitioners. 7. Therefore, these writ petitions are disposed of as infructuous with a direction that the amount recovered from the petitioners if any shall be paid back to the petitioners within a period of 3 months from today and refixation of pay in terms of order dtd.12.6.2008 shall also be made and consequential benefits be given within a period of three months from today. No order as to costs.” 3) Both the writ petitions are disposed of in the terms in which the aforesaid writ petitions were decided and direction of this court shall mutatis- mutandis apply to the case of the petitioners herein and if any amount has been recovered from the petitioners, same shall be refunded to him within a period of three months from today and re-fixation of pay in terms of the government order dated 12/6/2008 shall also be made within a period of three months thereof. Compliance of the judgment shall be made within a period of three months from the date, its copy is furnished to the respondents. (MOHAMMAD RAFIQ), J. SBCWP NO.3713/96. SBCWP NO. 249/97. 4 anil