1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.4551/2002. : : Smt. Gaytri Gupta Vs. State of Rajasthan & Anr. : : Date of Order 26.11.2008 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr.Reasham Bhargava for the petitioner. Mr.Hemant Gupta, Addl.Govt.Counsel for the State. Heard learned counsel for the parties. This writ petition has been filed with the prayer that the respondent-State be directed to protect his pay which he was receiving earlier while working with Arya Putri Higher Secondary School, Ajmer. Petitioner was appointed on the post of School Lecturer pursuant to the selection held by RPSC vide order dated 23.4.1992. He worked with the aforesaid private school from 16.9.1974 till the aforesaid date and lastly he held the post of School Teacher (Academic) in that school. Learned counsel for the petitioner has cited the order of Government order dated 3.7.1997 and argued that the Government in the aforesaid order directed that if a teacher already working in Government school selected for 2 appointment on higher post, his pay should be protected. Learned counsel for the petitioner could not cite any such circular provided pay protection with reference to pay, which he was drawing in private aided institution. Learned counsel for the petitioner has cited judgment of Supreme Court in All India Imam Organization & Ors. Vs. Union of India & Ors : 1993 (3) SCC, 584 and argued that Supreme Court held that where absence of any statutory provision in the Wakf Act, the Imams cannot be denied any remuneration. I am afraid, the aforesaid judgment and the ratio thereof cannot be applied to the situation of the present case. It is not even case of the petitioner that he is in the scale, therefore, did not get any remuneration. Here it is case of pay protection which is governed by the instructions of the Government. The instruction of the Government dated 3.4.1997 cannot be extended by recourse to analogy or only because it appears reasonable to do so. I do not find any merit in this writ petition, therefore, the writ petition is dismissed. (MOHAMMAD RAFIQ)J. A.Arora/- Item No.43.