Mohammad Rafiq, J. - (1.) HEARD learned Counsel for the parties.
(2.) THIS writ petition has been filed by the petitioner challenging the orders dated 5.11.1996 by which previous pay -fixation and pay revision orders of the petitioner in terms of the Revised Pay Scale Rules of 1976, 1983, 1987 and 1989 were withdrawn and re -fixation orders were undone and recovery was ordered to be made. The petitioner has also challenged the consequential order of recovery issued by the Assistant Engineer, PWD, Sub Division Beawar, dated 09.12.1996. Shri Sanjeev Prakash Sharma, learned Counsel for the petitioner has argued that the petitioner was initially appointed as Surveyor on work -charge basis on 19.08.1963; he was declared semi permanent vide order dated 01.01.1966; that order was subsequently revised and he was declared semipermanent with effect from 19.08.1965 vide order dated. 20.11.1980. He was later on declared permanent under Rule 3(ii) of the Work Charge Service Rules with effect from 18.08.1973, vide order dated 20.02.1976. He was granted the benefit of pay revision and accordingly his pay was fixed as per the Revised Pay Scale Rules, issued from time to time, i.e. of 1966, 1969, 1976, 1981, 1986 and 1988. After the petitioner completed more than 10 years of service, he was placed in the regular establishment in May, 1979. On 02.12.1972 a Circular was issued by the Government making amendment in the order dated 22.05.1969, whereby pay scales were prescribed for the work charge employees and the said amendment which was made by order dated 02.12.1972 was made effective retrospectively from 01.09.1968. Copy of the said Circular is available on the record.
(3.) THE learned Counsel for the petitioner further submitted that the pay scales were made admissible to all the employees who were in the pay scale of 120 -385 on fulfilling conditions of matriculation and possessing training and experience prescribed by the Chief Engineer. Since the petitioner fulfilled all the conditions as mentioned in the order dated 02.12.1972 as he was matriculated and having two years Diploma in Draftsman (Civil) from I.T.I., as a sort of training in Civil and rich experience of working in the cadre of Surveyor since 1963, he fulfilled the requirement of aforesaid Circular/Amendment. Since this amendment was made in Part -A of Schedule II against Item No. 72 to 75 of the Revised Pay Scale Rules of 1969 and made applicable from 01.09.1968, the petitioner was rightly granted the benefit of the said Circular. When a doubt was raised, his case was examined by the competent authority and accordingly the order was passed on 08.08.1995 whereby a fresh pay fixation was made and the petitioner was accordingly informed. In terms of the order dated 08.08.1995 revised fixations were made in the Revised Pay Scales Rules of 1976, 1983, 1987 and 1989. The respondents all of a sudden, without affording an opportunity of hearing to the petitioner, served upon him an order dated 15.11.1996, whereby he was informed that since the fixation of 01.09.1968 was made by the Accounts Officer, PWD, Rajasthan, and not by the competent authority, the approval which was granted of his fixation vide order dated 08.08.1995 was withdrawn and recovery was ordered. Prior to passing of such an order, no opportunity of hearing was given to the petitioner inasmuch as the recovery was ordered to be made. The learned Counsel for the petitioner submitted that since the petitioner was working in the pay scale of 120 -385, his case was fully covered under Clause (B) of the Order dated 02.12.1972 which was made effective from 01.09.1968, the date on which the petitioner had completed 5 years service as Surveyor and also possessed two years Diploma in Draftsman (Civil) from ITI Ajmer. The conditions of the said Circular were thus fully complied with by the petitioner.;