CW 6792/06 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.6792/2006 Kishore S. Shekhawat Versus State & Ors. Date of Order ::: 06/01/09 Hon'ble Mr. Justice Ajay Rastogi Mr. Anand Sharma, for petitioner. Dr, Mahesh Gupta, Addl. Govt. Counsel for respondents-State Instant petition has been filed assailing order dt.07/10/99 (Ann.2) whereby 3rd selection scale on completion of 27 years of service was revised detrimental to the interest of petitioner without due compliance of principles of natural justice. Petitioner initially joined the service as Vaccinator on 01/07/63 and was later on promoted as Non-Medical Assistant vide order dt. 19/02/75 and as Non-Medical Supervisor vide order dt.31/03/92. State Government vide notification dt. 25/01/92 extended benefit of selection scales on completion of 9/18/27 years to its employees in ministerial/subordinate cadre – in pursuance whereof petitioner was also granted benefit of 3rd selection scale on his completion of 27 years of services vide order dt.19/01/93 and was fixed in scale of Rs.1640-2900. However, respondents unilaterally revised pay scale from Rs.1640-2900 CW 6792/06 //2// to Rs.1400-2600 after more than six years vide order dt.07/10/99 (Ann.2) detrimental to the interest of incumbents like petitioner. However, petitioner did not challenge at the relevant point of time. Since more than 106 employees were affected by unilateral order dt.07/10/99 (Ann.2), number of appeals were preferred by affected persons before Rajasthan Civil Services Appellate Tribunal which were decided vide common judgment dt.13/09/2001 (Ann.4) whereby order dt.07/10/99 (Ann.2) was set aside and respondents were directed to restore selection scale of Rs.1640-2900 in favour of appellants. Again judgment of the Tribunal, the State filed writ petitions which were dismissed by this Court vide judgment dt. 06/01/05 in CWP-8072/04 – against which Special Appeals (1170/05 Director Medical & Health Services Vs. Rameshwar Gupta & cognate (31) appeals) were preferred but dismissed by Division Bench vide judgment dt.02/05/08. It is pertinent to mention that vide order dt.13/10/04 State Government implemented the judgment dt.13/09/01 (Ann.4). However, in the meantime, petitioner since stood voluntarily retired vide order dt.30/09/2000, he did not earlier assail the order dt.07/10/99 (Ann.2); CW 6792/06 //3// and has now claimed parity that since by virtue of judgment dt.13/09/01 of the Tribunal which attained finality as is evident from narration of facts (supra), similarly situated employees were restored with 3rd selection pay scale of Rs. 1640-2900 vide order dt.13/10/04 (Ann.5) and despite being similarly situated, no relief was granted to him, he has approached this Court by way of instant petition. It is not in dispute that controversy raised herein has been finally decided by Division Bench of this Court in Special Appeal (Writ)-1170/05 vide order dt.02/05/08 wherein it has been observed ad infra: “11. We have already noticed above that the action of the present appellant No.1 in issuing the order dated 07th October, 1999 which has resulted in withdrawal of selection scale 1640-2900 and their lower fixation in the pay scale 1400-2600 could not have been done without following the principles of natural justice. The decision of the Tribunal in this regard and not interfered by the Single Judge, thus, does not call for any interference. We, however, clarify that this will not preclude the present appellant No.1 in issuing show cause notice to the employees, if they still desire to withdraw the selection pay scale 1640- 2900 given to the employees way back in CW 6792/06 //4// the year 1993 and pass an appropriate order after hearing them.” However, Government Counsel submits that petitioner has assailed order dt.07/10/99 (Ann.2) at belated stage. Suffice it to say that once order assailed earlier has been finally examined by Tribunal after due adjudication and has been set aside vide judgment dt.13/09/01 which stood upheld by Division bench of this Court vide judgment dt.02/05/08 (supra), it is all the more necessary and expected from the respondents authority to extend similar benefits to similarly situated persons like petitioner and even otherwise also, apart from it, before passing order dt.07/10/99 impugned herein, no opportunity of hearing was afforded to petitioner and their unilateral decision detrimental to his interest was not legally sustainable and the delay as alleged by respondents in such circumstances, cannot be considered to be fatal which may deprive the petitioner of his legitimate benefit granted way back vide order dt.19/01/93 (Ann.1). In the light of DB judgment dt.02/05/08 (supra), writ petition succeeds and is hereby allowed. Order dt.07/10/99 (Ann.2) as regards petitioner is hereby set aside and respondents are directed to fix/restore the petitioner in CW 6792/06 //5// selection pay scale of Rs.1640-2900 earlier granted vide order dt.19/01/93 (Ann.1) and after due computation, consequential benefits flowing therefrom be paid to him. Respondents may ensure compliance within three months. No costs. (Ajay Rastogi), J. K.Khatri/p.5/6792CW06-6Jn.doc