1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER (1) S.B. CIVIL WRIT PETITION NO.5890/2009 Suresh Chand Sharma V. State of Raj. & others (2) S.B. CIVIL WRIT PETITION NO.5891/2009 Babu Lal Parashar V. State of Raj. & others (3) S.B. CIVIL WRIT PETITION NO.5892/2009 Ghanshyam Sharma V. State of Raj. & others (4) S.B. CIVIL WRIT PETITION NO.5893/2009 Babu Lal Bansal V. State of Raj. & others (5) S.B. CIVIL WRIT PETITION NO.5894/2009 Babu Lal V. State of Raj. & others (6) S.B. CIVIL WRIT PETITION NO.5895/2009 Jagdish Prasad V. State of Raj. & others (7) S.B. CIVIL WRIT PETITION NO.5896/2009 Gajendra Pal V. State of Raj. & others DATE OF ORDER --- MAY 15,2009 PRESENT HON’BLE MR.JUSTICE PREM SHANKER ASOPA Dr.Mahesh Sharma, for the petitioner Mr.M.Faisal Baig, Dy.Govt.Counsel BY THE COURT (1) Issue notice to the respondents. (2) Mr.Baig is directed to accept the notices. (3) Heard learned counsel for the parties. (4) By the aforesaid writ petitions, the petitioners are seeking to challenge the 2 reduction of pay scale of Teacher Grade-II from Rs.6500-10500 to Rs.5500-9000 inter alia on the ground that the Division Bench of this Court in The State of Rajasthan and others V. Shyam Swaroop Upadhyaya (DBSAW No.936/2005 decided on 4.4.2008 has allowed the special appeal filed by the State to the extent as provided in the judgment dated 13.12.2007 passed by another co-ordinate Division Bench of this Court at Jodhpur – being DBSAW No.208/2006 State of Rajasthan and others V. Raniwas Porwal and other connected matters. (5) Counsel for the respondents does not dispute the aforesaid proposition of law. Relevant portion of paras 7 and 8 of the aforesaid judgment in State of Rajasthan V. Shyam Swaroop Upadhyaya is as follows: “7. We are thus, satisfied that the group of present special appeals deserves to be allowed to the extent as provided in the judgment dated 13.12.2007 afore- noticed. The judgment of the Single Judge under appeal declaring Notifications dated 8.6.2001 and 7.8.1998 ultra-vires is quashed and set aside. The existing teachers who have been promoted as senior teacher in the second selection grade prior to commencement of the Rules at any time but because of non completion of 10 years of service as senior teacher under the revised rules are required to be fixed in lower pay scale. Their continuance in the higher pay scale protected as pay scale personal to them under Note to Rule 6 would remain to that extent. 3 8. By way of foot-note, we may observe that although in this group of special appeals, the original writ petitioners are represented by various advocates, none of them appeared except Mr.Dharmendra Pareek for and on behalf of Mr.J.M.Saxena and submitted that now since Mr.J.M.Saxena represents the Commercial Taxation Department of the Government, he does not intend to appear in the matter. In the circumstances, we order that parties shall bear their own costs.” (6) The present writ petitions are disposed of in terms of the aforesaid authoritative pronouncement of the Division Bench dated 4.4.2008 and the petitioners are also entitled to the same relief. (7) A photo stat copy of this order be placed on the files of aforesaid writ petitions, except SBCWP No.5890/2009. (Prem Shanker Asopa) J. Gopal