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2005 DIGILAW 981 (RAJ)

Radhey Shyam v. State of Rajasthan

2005-04-04

R.P.VYAS

body2005
Judgment R.P. Vyas, J.-During the course of arguments, it has been submitted by the learned Counsel for the petitioner that controversy involved in this case is squarely covered by the Judgment rendered in S.B. Civil Writ Petition No.1243/2003 decided on 04.05.2004 in case of Chandra Mohan Singh vs. State & Ors., reported in WLC 2004 Vol. 3 page 413, as also S.B. Civil Writ Petition No.1562/2004 (Shanti Devi vs. State of Rajasthan & Ors.,) decided on 15.09.2004 and S.B. Civil Writ Petition No. 4868/2004 (Dilip Kumar Tailor vs. State of Rajasthan & Ors.) decided on 15.02.2005 2. This fact has not been controverted by the learned Counsel for the respondents. 3. Accordingly, this writ petition is also allowed in terms of above referred Judgment s in the following manner :- (i) The impugned notification dated 07.08.1998 (Annex.5) to the extent they interfere with the accrued and vested rights of the petitioner and similarly situated employees in reducing the pay scale Rs.6,500-10,500/-to Rs.5,500-9,000/-w.e.f., 01.07.1998 is declared ultra vires of the Constitution of India and only to that extent it stands quashed and set aside. (ii) The petitioner unaffected by the impugned notification shall be entitled to retain the pay scale of Rs.6,500-10,500/-and consequential monetary benefits in view of 1998 Rules which were given effect from 01.09.1996. (iii) Therespondents are restrained from making any recovery from the petitioner and if any recovery has already been effected, the entire recovered amount shall be refunded back within 30 days from the date of receipt of a certified copy of this order. (iv) There shall be no order as to costs.