CW 5309/08 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.5309/08 Yogendra Kumar Vijay Versus State & Ors. DATE OF ORDER : 29/05/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. S.K. Singodiya, for petitioner *** Counsel submits that petitioner on his promotion as Senior Teacher vide order Ann.2 dated 23rd December, 1996 was fixed in the pay scale of 6500-10500 which later on in view of notification dated 8th June, 2001 which was given effect to from 1st July, 1998 was reduced to 5500- 9000. Counsel further submits that his case has not been considered by the respondents in the light of judgment passed by this court at the Main Seat at Jodhpur in D.B. Civil Special Appeal No.208/06 & other appeals, State of Rajasthan & Ors. Vs. Raniwas Porwal & Ors., [2008 (2) WLC-406], which were decided by common judgment - operative part whereof reads as under: “Accordingly, with the aforesaid clarification the appeals are allowed. The judgment under appeal declaring Notification dated 8.7.2001 to be ultravires is set aside. However, the view which we have taken on interpretation of the Rules, 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 but because of non-completion of 10 years of service as Senior Teacher under the revised rules were required to be fixed in the lower pay-scale, their continuance in the higher pay-scale was CW 5309/08 [2] protected as pay-scale personal to them under Note to Rule 6. The rights of all the appellants stand protected to this extent. In that light, the writ petitions filed by the appellants stand allowed to this extent. In the facts and circumstances of the case, there shall be no order as to costs.” Without going into merits of the matter at this stage, in view of judgment [supra] petitioner is directed to submit a fresh representation within a period of one month before the concerned authority, who may decide the same by a speaking order within three months thereafter. Copy of their decision be communicated to petitioner also. If still petitioner feels aggrieved by their decision, he will be free to avail remedy available to him under law. With the above observations, the writ petition stands disposed of. [AJAY RASTOGI], J. FRBOHRA5309CW2008 29-5.doc