// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN 1. S.B. Civil Writ Petition No.1239/97 Rameshwar Prasad Dixit vs. State & Ors. 2. S.B. Civil Writ Petition No.1238/97 Shri Madho Lal Jat vs. State & Ors. 3. S.B. Civil Writ Petition No.1240/97 Ram Kishore Gautam vs. State & Ors. 4. S.B. Civil Writ Petition No.1707/97 Radhey Shyam Sharma vs. State & Ors. Date of Order ::: 18.03.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri P.S. Tomar on behalf of Shri R.A. Katta ) Shri Amit Sharma on behalf of Shri K.N. Gupta) for petitioners Shri S.D. Khaspuria, Additional Government Counsel for respondents #### By the Court:- Learned counsel for petitioners has cited a judgment dated 7.11.2008 of Principal Seat of this Court at Jodhpur passed in S.B. Civil Writ Petition No.1326/96 (Rajasthan Gram Sewak Sangh Vs. The State of Rajasthan & Ors.) with five other connected writ petitions involving similar controversy. According to aforesaid judgment, it appears that the Government of India passed an order on // 2 // 12.06.2008 whereby it was decided that as an exception on completion of 9 years of regular service by a Village Level Worker cum Secretary in the pay scale of 3200-85-4900, he may be allowed first selection grade in the pay scale of 5000-150-8000 of the promotion post of Panchayat Extension Officer. The Court was informed that in some of the cases even for the period prior to 24.04.1991, recovery was made from various Gram Sewaks and all such amount was recovered from petitioner even after 25.04.1991 even if, the Government vide order dated 03.02.1996 (Annexure-24) directed that amount if any paid in excess prior to 25.04.1991, will not be recovered, however, for subsequent period, recovery can be made. In the present writ petitions also, the order issued by the Government on 03.02.1996 is in consequence of the re-fixation order, is under challenge. The Coordinate bench of this court in the writ petition, while disposing of the same, gave following directions:- “6. In view of the waiver of recovery by Department Order dt.23.6.2001 Ann.R-1 and statement of learned AAG, there is no question of any recovery from the petitioner on account of their revised pay fixation from // 3 // Rs.1400-2600 to pay scale of Rs.975- 1720 under the orders Annex.6 dtd.3.2.1996. The effect of this order dtd.23.6.2001 is also that recovery, if any, so made from the petitioners shall be refunded back to them forthwith. As far as grant of higher pay scale is concerned, the order dtd.12.6.2008 Annex.R-2 quoted above clearly stipulated that the Governor is pleased to order that as an exception on completion of 9 years of regular service by a Village Level Worker cum Secretary in pay scale 3200-85-4900 may be allowed first selection grade in the pay scale of 5000-150-8000 of the promotion post of Panchayat Extension Officer. Thus, the said latest order of the State Government dtd.12.6.2008 Annex.R-2 takes away the adverse effect of order dtd.3.2.1996 issued by the State Government which was impugned in the present writ petitions and these Gram Sewaks have been given the new pay scale i.e. 5000-8000 upon completion of 9 years of regular service. In view of the stand taken by the State Government on both the issues as to the recovery and as to grant of further selection grade to the Grqam Sewak, the relief claimed in the present writ petitions stands granted to the petitioners. 7. Therefore, these writ petitions are disposed of as infructuous with a direction that the amount recovered from the petitioners if any shall be paid back to the petitioners within a period of 3 months from today and re- fixation of pay in terms of order dtd.12.6.2008 shall also be made and consequential benefits be given within a period of three months from today. No order as to costs.” All the writ petitions are disposed of in terms in which aforesaid writ petition was // 4 // decided and direction of this court shall mutatis mutandis apply to the case of petitioners herein and if any amount has been recovered from them, same shall be refunded to them and re-fixation of pay in terms of the Government order dated 12.06.2008 shall also be made within a period of three months. Compliance of the judgment shall be made within a period of three months from the date, its copy is produced before the respondents. (Mohammad Rafiq) J. RS