CW 3818/06 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.3818/2006 State Versus Tarun Kr. Solanki Date of Order ::: 09/01/09 Hon'ble Mr. Justice Ajay Rastogi Mr. JK Agrawal, Addl. Govt. Counsel, for State (petitioner) Mr. Akhil Simlote, for respondent (TK Solanki) Instant petition has been filed by the State assailing order dt.10/08/05 (Ann.3) of Rajasthan Civil Services Appellate Tribunal, Jaipur (“Tribunal”) in Appeal-2436/04 whereby employee (respondent NO.2) has been restored with pay scale of Rs.8000-13500/- and the recovery if made pending appeal was also directed to be refunded to respondent herein. It has not been disputed that controversy raised herein has been finally decided by this Court at principal seat Jodhpur on Ram Ratan Chouhan Vs. State (CWP-4988/02 & (5) cognate matters) vide judgment dt.20/11/06 and while setting aside notification dt.07/08/1998 holding it to be ultra vires to Article 14 & 16 of the Constitution of India, Court observed ad infra: “Upshot of the aforesaid discussion is that the writ petitions are allowed and the impugned notification dated 7th August, 1998 in so far as it seeks to take away CW 3818/06 //2// and withdraw the accrued and vested rights of petitioners by reducing their fixation in the pay scale of 7500-12000 to that of 8000-13500 w.e.f. 1st July, 1998 is declared ultra vires to Articles 14 & 16 of the Constitution of India and is accordingly quashed and set aside. The petitioners were held entitled to receive and continue to receive their salary in the pay scale of 8000-13500. Consequential recovery orders passed in the case of the petitioners would also stand quashed and set aside and they would be entitled to refund of the amount, if already recovered together with interest @ 6% p.a. within a period of three months from the date of service of copy of this judgment. There shall be however no order as to costs.” Taking note of the decision (supra), CWP-4548/2005 Mool Singh Vs. State was also allowed by a Co- ordinate Bench of this Court vide order dt. 09/05/07 – against which State preferred Special Appeal (Writ)-1565/08 (State Vs. Mool Singh) which too was dismissed by Division Bench vide order dt. 31/10/2008 inter-alia observing ad infra: “It appears that the writ petitioner and similarly situated persons were fixed in the pay scale of Rs.8000-13500 and subsequently, the writ petition was also promoted to the higher post, and there- after vide notification dt.07/08/98, the pay scale was sought to be reduced retrospectively. In view of the findings recorded by CW 3818/06 //3// the learned Single Judge of this Court and also the decision earlier rendered in Ram Ratan Chauhan Vs. State of Rajasthan (supra), we do not find any scope for interference. This appeal accordingly is dismissed.” In view of aforesaid decision (supra), the writ petition fails and is hereby dismissed. (Ajay Rastogi), J. K.Khatri/p3/3818CW06ds9JnScl.doc