1 S.B. CIVIL WRIT CONTEMPT PETITION NO.89/2006 Shanti Lal Vs. Sh. C.K. Methew & Ors. Date of Order :: 24.3.2008 HON'BLE MR. JUSTICE GOVIND MATHUR Mr. Ramesh Purohit, for the petitioner. Mr. N.M. Lodha, Addl. Advocate General. ... This contempt petition has been filed for alleging disobedience of the judgment passed by this Court on 01.11.2004. By the aforesaid judgment, this Court held that the petitioner would remain unaffected by impugned notification dated 7.8.1998 and shall be entitle to retain the pay-scale of Rs.6500-10500 and consequential monetary benefits w.e.f. September 1, 1996. The court also quashed the consequential orders with regard to recovery from the petitioner and the recovered amount was ordered to be refunded. The State filed an appeal against the aforesaid judgment and also in number of other similar matters and 42 appeals similar to the petitioner's case were decided by a common judgment dated 13.12.2007. The Division Bench set aside the judgment passed by learned Single Bench to the extent it held the amendment vide notification dated 8.6.2007 ultra vires of the Constitution of India, but clarified that those who have been promoted as Senior Teacher on Rs.6500-10500 will not be eligible for this pay protection because even under the Rules of 1998 as initially existed, they were promoted to Senior scale in the pay scale of 5500-9000 only, however, if their fixation has wrongly been made considering them all Senior Teachers to be of same category, that did not prejudice them because recovery of excess amount for earlier period was waived. Further, after the 2 correction of the lacuna on amendment of Note 8, if any recovery has become due on account of such Senior Teachers drawing higher pay even after 1.7.1998 without there being any no misrepresentation on their part, they may make appropriate representation to Government against such recovery. The appeals were accordingly, allowed. In the light of the aforesaid judgment, the petitioner, so far as the recovery part is concerned, is free to make a representation to the Government. Nothing therefore, now survives in the present contempt petition, hence dismissed and notice issued to the respondents is discharged. (GOVIND MATHUR), J. Jgoyal