1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.3902/96 Puran Lal Saini & Anr. vs. State & Ors. Date of order : 9/3/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Ajay Tantia for the petitioners. Shri S.D. Khaspuria, Addl. Govt. Counsel for State. Shri Nitin Sinsinwar for Shri B.K. Sharma for the respondents. ****** Heard learned counsel for the parties. This writ petition was filed by the petitioners on premise that even though they were working on the post of Naka Guard and was paid their salary in the pay scale no.2, yet the respondents retired them on attaining the age of 58 years. Learned counsel submitted that as per the office order dated 20.2.1996 issued by the Municipal Corporation, Alwar, the Naka Guards who were being paid in the pay scale of Rs.800-1250 with effect from 1.9.1988, higher than the pay scale no.2, would be retired at the age of 58 years. Learned counsel referred to the notification dated 15.11.1995 (Annexure-4) to say that though 2 the pay scale of Rs.800-1250 was made admissible for the holders of the post of Naka Guard, but the petitioners were never paid in that pay scale and therefore they cannot be retired at the age of 58 years. Shri Nitin Sinsinwar, learned counsel for the respondents opposed the writ petition and denied the contention that the petitioners were being paid in the pay scale no.2 and not in pay scale no.3 i.e. 800- 1250. On the contrary, it was asserted that petitioners were paid such pay scale. Learned counsel for the petitioners has rejoined nd submitted that he has disputed this contention in rejoinder to the reply. Even if it is assumed for a moment that benefit of pay scale no.3 was not actually extended to the petitioners or remained due to be paid, that by itself cannot be a reason to extend or postpone the date of retirement of the petitioners. In the circumstances, this writ petition is disposed of so far as the main prayer is concerned. However, the respondents are 3 directed to convey to the petitioners the details by which such benefits were paid in the pay scale no.3 and if any arrear is found due to be paid, pay the same to them with interest @ 6% per annum. (MOHAMMAD RAFIQ), J. RS/