SBCWP NO.43/1994. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.43/1994. Shambhu Dayal Vs. State of Rajasthan & Ors. Date of order:- January 19, 2009. HON'BLE SHRI JUSTICE MOHAMMAD RAFIQ Shri J.K. Singhi for the petitioner. Shri Hemant Gupta, Additional Government Counsel. ***** BY THE COURT :- Heard learned counsel for the parties. 2) The writ petition has been filed challenging the order of reversion dated 22/12/1993. This Court however admitted the writ petition only on the ground of reduction of pay scale and not on the question of reversion but subsequently it is informed that petitioner was again promoted on the post of Jamadar in year 2000 and was sought to be again reverted on the post of Sweeper in 2001. 3) Learned counsel for the petitioner has informed that petitioner made a representation to the Director Local Bodies who called for the report of the Deputy Director. Such report was received by the Director in the year 2006 but no decision has yet been taken by the Director. 4) In so far as amount of salary to the petitioner on the post of Jamadar pursuant to his promotion order dated 8/9/1992 till he was reverted on 22/12/1993 is concerned, respondents have not been SBCWP NO.43/1994. 2 able to show that any concealment was made by the petitioner or there is any fraud on his part for getting the due salary of the higher post. Petitioner actually worked as Jamadar with the Chairman Municipal Board Chirawa consequent upon order of his promotion therefore respondents cannot recover the said amount from the petitioner. 5) The respondents are therefore directed not to make any recovery from the petitioner. Petitioner would be at liberty to make representation to the authorities for promotion on the post of Jamadar. With the above observation, the writ petition is disposed of. (MOHAMMAD RAFIQ), J. anil SBCWP NO.43/1994. 3 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL MISC.STAY APPLICATION NO.41/1994. IN S.B. CIVIL WRIT PETITION NO.43/1994. Shambhu Dayal Vs. State of Rajasthan & Ors. Date of order:- January 19, 2009. HON'BLE SHRI JUSTICE MOHAMMAD RAFIQ Shri J.K. Singhi for the applicant-petitioner. Shri Hemant Gupta, Additional Government Counsel. ***** BY THE COURT :- Consequent upon disposal of the writ petition, this stay application does not survive any more. Accordingly, the stay application is rejected. The interim-order dated 11/2/1994 is vacated. (MOHAMMAD RAFIQ), J. anil