CW 1474/10 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.1474/2010 Prabhu Dayal Bairwa Versus State & Ors Date of Order : 03/02/10 Hon'ble Mr. Justice Ajay Rastogi Mr. JK Singhi, for petitioner Counsel submits that petitioner is serving in the cadre of Class-IV and is going to retire on 31/05/2010 but benefit of fixation in pay scales revised on the recommendations of 5th & 6th Pay Commission as having been made admissible to other State Government employees by respective revised pay scale Rules has not been extended to him so far despite representation made and legal notice being served upon respondents. Counsel submits that as per information received by petitioner, denial of fixation (supra) is on the premise that his service records have not been made available, which in the opinion of this Court cannot be a ground which may justify denial of benefit of fixation under 5th & 6th revised pay scale Rules, while petitioner is otherwise entitled therefor under Rules. However, without considering the matter on merits, in the interest of justice, this Court considers it appropriate to direct the CW 1474/10 //2// respondents that if petitioner submits his representation afresh, the authority competent shall decide the same independently by passing a speaking order in accordance with law within two months from the date of submission of the representation and if he is made entitled for benefit of aforesaid fixation, arrears whereof be paid to him; and communicate their decision to the petitioner, who if feels aggrieved, will be free to avail of remedy under law. With aforesaid observations, writ petition stands disposed of. (Ajay Rastogi), J. K.Khatri/p2/ 1474CW2010-Fb3-Ds-Rep.doc