- (1.)THE instant petition has been filed by the petitioner with the prayer that the notification dtd. 8.6.2001 (annex.4) may kindly be quashed and set aside and the respondents may further be directed not to effect any recovery pursuant to the order dtd. 14.11.2003 (Annex.1).
(2.)BRIEF facts of the case are that with a view to remove the financial stagnation of the employees working with the State Government and to grant them financial relief the State Government was pleased enough to provide selection grade on completion of 9,18, and 27 years of service vide notification dtd. 25.1.1992 (Annex.2).
According to the notification dtd. 25.1.1992, if an employee completes 18 years of service and if he has already been accorded one promotion, then he is entitled to get second selection grade only after completion of 18 years of service. The first selection grade is not available to such an employee, who has already been granted one promotion.

In the year 1996, as per the recommendations of the 5th pay commission, the pay scales of the employees of the State Government had undergone revision and to this effect, the Rules known as Rajasthan Civil Services (Revised Pay Scale) Rules, 1998 (hereinafter referred to as the Rules of 1998) were framed. The Rules of 1998 were given effect w.e.f. 1.9.1996 and the pay scales of all the employees who were working under the control of the State Government were revised and respective tables were also prepared under the Rules of 1998.

In this way, all the employees who were getting their salary in the pay scale of Rs. 2000-3200/- their pay scale was revised and they were granted the pay scale No.12 which is Rs. 6500- 10500. All these employees who were getting the pay in 3rd selection grade in the pay scale of Rs. 2000-3500 were also allowed the same pay scale i.e. Rs. 6500-10500/- in accordance with the Rules of 1998. Accordingly, the petitioner who was drawing his salary in the pay scale of Rs. 2000-3200 was fixed in the pay scale of Rs. 6500-10500 and fixation order was issued in favour of the petitioner, but all of a sudden, an amendment has been introduced in the Rajasthan Civil Services (Revised Pay Scale) Rules, 1998 on 8.6.2001, whereby only in respect of the teachers, an amendment has been made in the existing general note 8(i) and new clause (ii) and (iii) have been inserted. Consequent upon this amendment, these rules are now called as the Rajasthan Civil Services (Revised Pay Scale) third Amendment) Rules, 2001 (hereinafter referred to as the Amendment Act, 2001). The text of Note 8 of the notification dtd. 8.6.2001 is reproduced as under:- "8. In the Rajasthan Civil Services (Revised Pay Scale) Rules, 1998 in Schedule V, the existing "General Note ("shall be renumbered as 8 (i) and following clause (ii) and (iii) there under shall be inserted namely:- (ii) The teachers (erstwhile Teacher Gr.III, drawing pay in the second selection grade of 6500-10500 and promoted as Sr. Teacher prior to 1.7.1989, shall draw pay in the scale of 6500- 10500 as senior scale of Sr. Teacher. Those Se. Teachers who have not completed nine years of services as Senior Teacher on 1.7.1989, their pay on 1.7.1989, shall be fixed in the pay scale of Rs. 5500-9000/- and such teachers shall be allowed pay in the senior scale of 6500-10500/- on completion of ten years of service as Sr. Teacher. (iii) As a result to the re-fixation of the pay in accordance with the provisions contained in clause (ii) above, the recovery of the over payment, if any, shall stand waived for the period from 1.7.1998 on the date of issue of this notification....."

It has also been stated by the petitioner in the petition that all the employees who were getting their salary in the pay scale of Rs. 2000-3200 wee allowed revised pay scale in the pay scale No. 12, which is 6500-10500/-, but it is strange that only for those who are working as teacher Grade IInd, new clause has been inserted whereby the pay scale No. 12 i.e. 6500-10500/- is sought to be taken back and the petitioner is sought to be given pay scale of Rs. 5500-9900 and he has been allowed the pay scale of Rs. 6500-10500/- on completion of 10 years of their service as Sr. Teacher. It has also been provided that the recovery on account of aforesaid exercise shall be waived or the period from 1.7.1998 to the date of issuance of the notification dated 8.6.2001.

(3.)FURTHER case of the petitioner is that the pay scale of Rs. 6500-10500/- has been prescribed as a revised pay scale corresponding to the pay scale of Rs. 2000-3200 as laid down in the Rules of 1998 and there is no rational or nexus with the object sought to be achieved by inserting new clause only in respect of teachers who were drawing their salaries in the pay scale of Rs. 2000-3200/-, but arbitrarily, illegally and in utter violation of Article 14 of the Constitution of India, the benefit of revised pay scale which has become available on account of carrying the pay scale of Rs. 2000-3200/- have been allowed to continue with the pay scale of Rs. 6500-10500.
It has also been averred by the petitioner in the instant petition that in the notification dtd. 25.1.1992, the 2nd selection grade has been provided for the Sr. Teachers as Rs. 2000-3200 and the same was already allowed to the petitioner after completion of 18 years of service and thereafter the pay scales underwent revision under the Rules of 1998 and accordingly, those who were carrying the pay scale of Rs. 2000- 3200 were put to the pay scale of Rs. 6500-10500/-. Thus, the grant of revised pay scale of Rs. 6500-10500 is corresponding to the erstwhile pay scale of Rs. 2000-3200 and such benefit extended to the petitioner cannot be sought to be taken away by the respondents as per their whims and caprice because of benefit of pay scale of Rs. 6500-10500/- was granted to all the persons who were carrying the pay scale of Rs. 2000-3200, therefore, the amendment made vide notification dtd. 8.6.2001 is totally unconstitutional, illegal, arbitrary and ultravires to the mandate enshrined under Article 14 of the Constitution of India.

It has also been alleged by the petitioner that he was allowed second selection grade on completion of 18 years of services and accordingly they were fixed in the pay scale of Rs. 2000-3200 as intended by notification dtd. 25.1.1992, but the notification dtd. 8.6.2001 has the effect of snatching away the right accrued to them under the notification dtd. 25.1.1992 without lawful reasons and reasonable rationals. The notification dtd. 8.6.2001 is in derogation of the constitutional guarantee guaranteed under Article 14 of the Constitution of India.