1 IN THE HIGH COURT OF JUDICATAURE FOR RAJASTHAN AT JODHPUR. ORDER. (1) S.B. Civil Writ Petition No.8708/09 Basanti Lal Bhora vs. The State & ors. (2) S.B. Civil Writ Petition No.8709/09 Khyali Lal Kumawat vs. The State & ors. (3) S.B. Civil Writ Petition No.8710/09 Chotmal Khotari vs. The State & ors. (4) S.B. Civil Writ Petition No.8711/09 Radhey Shyam vs. The State & ors. & ors. (5) S.B. Civil Writ Petition No.87/18/09 Om Prakash vs. The State & ors. Upadhayay & ors. (6) S.B. Civil Writ Petition No.8719/09 Bhagwati Lal Purohit vs. The State & ors. Date of Order: 11th December, 2009. PRESENT HON'BLE MR. PRAKASH TATIA, J. Mr.Shanker Lal Sukhwal for the petitioners. Mr.Hemant Choudhary, for the respondents. ... BY THE COURT : Heard learned counsel for the parties. 2 The learned counsel for the petitioner submits that the petitioner's case is covered by the decision given by this Court in D.B. Civil Special Appeal (W) No.208/2006-State of Raj & ors. v. Raniwas Porwal decided on 13.12.2007. The bunch of writ petitions were decided by the learned Single Judge by common judgment, against which D.B.Civil Special Appeals were preferred and one of which was above D.B.Special appeal No.208/2006. The D.B. Special Appeals were decided by the judgment referred above after considering the various judgments of the Hon'ble Supreme Court and the relevant provisions of law. The Division Bench of this Court held that rules cannot be held to be ultravires as they do not infringe any constitutional provision nor they affect adversely the existing or vested or accrued rights of the existing employees. There is no vested right in the new entrants to old pay-scale for the post to which they enter after commencement of Rules nor any complaint can be raised by them. Then the Division Bench of this Court made it clear that because of the provisions made in Note 8 read with Note appended to Rule 6, a Senior Teacher drawing pay in second selection grade of 6500-10500 prior to 1.7.1998 and promoted as Senior Teacher but after 1.7.1989 who has not completed 10 years as Senior Teacher at the time of commencement of the Act, his pay in pay-scale of 6500- 3 10500 was protected as personal to him, though he would become eligible to such scale under the new rules of 1998 only on completion of 10 years. In this view of the matter, the rights of the respondents even under the aforesaid provision remain intact and unaffected and it could not have any adverse effect to them. But those who have been promoted as Senior Teachers drawing their pay in second selection grade of 6500-10500 will not be eligible for this pay protection. All contingencies have been considered by the Division Bench of this Court. Therefore, these writ petition are also disposed of with the directions to the respondents to pass appropriate order after considering each individual case on facts and in the light of the decision given by the Division Bench of this Court in the case of Raniwal Porwal(supra). ( PRAKASH TATIA), J. mlt.