SB Review Pet. No.02/2008 – Harphul Singh & ors v. State of Raj. & ors Date of order:10.04.2009 1 of 2 S.B. Civil Review Petition No.02/2008 Harphul Singh and others v. State of Rajasthan & others Date of Order: 10th April, 2009 HON'BLE MR JUSTICE GOVIND MATHUR Mr S.N. Trivedi, for the petitioners Mr G.R. Kalla, for the respondents To review the order dated 02nd March, 2007 this application is preferred. By the order aforesaid, this Court dismissed S.B. Civil Writ Petition No.2458/2003 preferred by the petitioners to challenge the amendment introduced under the Rajasthan Civil Services (Revised Pay Scale) Rules, 1998 whereby pay scale No.9-A was provided to Teachers Grade-III while Laboratory Assistants absorbed on the post of Teacher Grade-III were continued in pay scale No.9. While dismissing the writ petition, this Court noted that by the Rajasthan Civil Services (Revised Pay Scale) Rules, 1989, pay scale of Rs.950-1680 was given to Laboratory Assistants whereas pay scale of Rs.1200-2050 was given to Teachers Grade-III and also that pay scale of Rs.3050-4590 was given to Laboratory Assistants under the Pay Rules of 1998 whereas pay scale of Rs.4500-7000 was allowed to Teachers Grade-III. It is pointed out by the petitioners seeking a review that, as a matter of fact, an amendment was introduced in the SB Review Pet. No.02/2008 – Harphul Singh & ors v. State of Raj. & ors Date of order:10.04.2009 2 of 2 Rajasthan Civil Services (Revised Pay Scale) Rules, 1989 under the Rajasthan Civil Services (Revised Pay Scale) (First Amendment) Rules, 1992 whereby the pay scale of Rs.1200- 2050 was allowed to Laboratory Assistants and as such, under the Rules of 1989, the Laboratory Assistants as well as Teachers Grade-III were placed in the same pay scale. The amendment aforesaid was not within knowledge at the time of hearing of the case and therefore, the same is brought into knowledge of the Court by this review petition. The amendment introduced in the Rules of 1989 under the Amendment Rules of 1992 is having material bearing to the controversy and therefore, non-consideration of the same while adjudicating the issue involved in the present matter was not proper. Looking to the amendment aforesaid made in the Rules of 1989, I consider it appropriate to recall the order dated 02nd March, 2007 passed by this Court in SBCWP No.2458/2003. Accordingly, the review petition is allowed. The order aforesaid is recalled. Let the writ petition be restored at its original number and the same be listed for hearing after a week. [GOVIND MATHUR],J. mma