1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.6817/2005 (S.R. Godara Vs. State of Raj. & Ors.) Date of order : 6.8.2008 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. S.N. Trivedi, for the petitioner. Mr. Deepak Choudhary, Dy. Govt. Counsel. Heard learned counsel for the parties. In this writ petition, the petitioner has prayed for directions to the respondents to revise the pay of the petitioner as per revised pay scale rules and fixation may be made in the light of order dated 26.11.2001 (Annexure-1). Further, it is prayed that the respondents may be directed to issue revised PPO after due fixation in the light of the order dated 27.11.2001 with all consequential benefits and interest @ 18% per annum may also be paid to the petitioner. Lastly, it is prayed that the amount of travelling allowance bills may also be paid, which is pending since long. 2 During the pendency of this writ petition by way of filing additional affidavit, it is pointed out by respondents that petitioner has been granted benefit of fixation on account of promotion of petitioner on the post of Animal Husbandry Extension Officer vide order dated 26.11.2001. Para 2 of the additional affidavit is as follows : “2. That it is submitted that on account of promotion of the petitioner on the post of Animal Husbandry Extension Officer, vide order dtd. 26.11.2001, the petitioner was ordered to be granted notional grade increment on 31.12.1980 at Rs.800/- basic and actual payment was ordered to be made w.e.f. 1.1.1982. It is also pertinent to mention here that the Assistant Accounts Officer vide letter dtd. 3.6.2005 fixed the pay of the petitioner in the Revised Pay Scale Rules, 1983 in the pay scale of Rs.860-1750 at Rs.1060 w.e.f. 1.9.1981. Thereafter vide order dtd. 16.5.2007, the pay of the petitioner was amended in the Revised Pay Scale Rules, 1987 and was fixed in the pay scale of Rs.1550-3250 at Rs.2250 w.e.f. 1.1.1987. The annual grade increments were accordingly granted. Thereafter vide letter dtd. 4.6.2007, the pay of the petitioner was amended in the pay scale of Rs.2000-35000 under the Revised Pay Scale Rules and was fixed at Rs.2600 w.e.f. 1.9.1988. Again vide order dtd. 4.6.2007, the pay of the petitioner was amended under the Revised Pay Scale Rules, 1998 and was fixed in the pay scale of Rs.6500-105000 at Rs.9700 as on 1.9.1996. Again vide order dated 4.6.2007, 3 the pay of the petitioner was amended under the Revised Pay Scale Rules, 1998 and was fixed in the pay scale of Rs.8000-13500 at Rs.10200 as on 1.4.1998. It is submitted that as per the above amendment, the difference of pay is being calculated and there is no outstanding towards the petitioner. In fact, the excess amount paid to the petitioner is liable to be recovered for which proceedings for recovery are being initiated. It is also relevant to mention here that as per the Record, no T.A. Bill for the period from September, 1996 to May, 1997 and January, 1998 to May, 1998 is pending for payment. The petitioner vide letter dtd. 4.10.2006 has been informed that if he has any T.A. Bill, the same be produced so that payment be made. However, the petitioner has not submitted any reply to the said letter. Copies of the relevant service record are annexed herewith and marked as Annex.R/1 collectively.” Learned counsel for the petitioner by way of filing counter affidavit submits that although fixations have been made but all the fixations are not correct, so also are not in accordance with rules. Therefore, the respondents are still under obligation to fix the pay of the petitioner in accordance with the Revised Pay Scale Rules promulgated by the Government from time to time. In my opinion, as per the additional affidavit filed by the respondents, although fixations 4 have been made and if still any grievance remains with the petitioner, then he is required to file representation and to apprise the respondents with regard to illegality and correctness of the grant of pay scale and fixations. For the same, the petitioner may file detailed representation before the respondents pointing out all the anomalies in the pay fixation. Upon filing the said representation, the respondents are directed to decide the same after providing opportunity of hearing to the petitioner. Further, if petitioners files fresh T.A. Bills, the same may be taken on record and decision for final payment may be take within two months. The petitioner is at liberty to file fresh TA Bills, if at all there is any claims left. In this view of the matter, this writ petition is disposed of with the direction to the respondents that in the event of filing representation by the petitioner within six weeks from today, the same shall be decided in accordance with the law after providing opportunity of hearing to the petitioner within a period of three months thereafter. It is also directed that the petitioner was retired from service w.e.f. 31.5.1998 and admittedly no fixations were made till 2007 after filing this writ petition, pay fixation has been made in accordance with the Revised Pay Scale Rules, which is still disputed by the petitioner. Therefore, there is gross delay on 5 the part of respondents, therefore, the petitioner is entitled for interest @9% per annum upon the arrears. The respondents are, therefore, directed to pay interest @ 9% per annum for delayed fixations and arrears of the petitioner's pay. Further, the respondents are directed to pay cost for not finalizing the case of the petitioner for near about nine years, which is quantified to Rs.10,000/-. The revised pension shall also be finalized within six months from today. No order as to cost. (GOPAL KRISHAN VYAS), J. arun