- (1.) Heard learned counsel for the appellants. There is a delay of 86, 9 and 25 days respectively in filing the intra court appeals no.2032/2011, 2033/2011 and 2025/2011. For the reasons stated therein supported by affidavit, the applications under Section 5 of the Limitation Act are allowed. Other defects are waived.
(2.) The common question arises in these intra court appeals, as such they are decided by this common order. Facts are being narrated from SAW No.2032/2011.
(3.) The appellants/petitioners were holding the post of Stenographer working with the Jai Narain Vyas University, Jodhpur (for short 'the University'). They were appointed on the basis of recommendations by the Selection Committee in the year 1999 in the pay scale of Rs.5000-8000/- plus other allowances admissible as per the Rules of the University. The appointment was made on regular basis after regular process of selection. The appointment was substantively made after following due procedure. Their services were also confirmed. The State Government on the basis of the recommendations of Ranawat Pay Commission revised the pay scales of non-teaching staff of the University. The State Government has decided and communicated through the Deputy Secretary to the Government to the Registrar of the University on 27.2.1971 that the pay scales of the State Government employees i.e. non-teaching employees shall be made applicable to the similar employees working in the University w.e.f. 1.4.1969. Reference was also made to Rajasthan Civil Services (New Pay Scales) Rules applicable w.e.f. 1.4.1969. A conscious decision was taken by the State Government for maintaining the parity of the pay scales. The University adopted the pay scales of Stenographers in the State of Rajasthan in the secretarial cadre and implemented the same. After promulgation of Rajasthan Civil Services (Revised Pay Scales) Rules, 1996 in pursuance to the notification issued bythe Finance Department of the Government of Rajasthan, the pay scales of the Stenographers were revised. Under the Rajasthan Civil Services (Revised Pay Scales) Rules, 1998, a notification was issued on 19.9.1998 and the pay scale of Stenographer Grade-II was modified from Rs.5000-8000 to Rs.5500-9000. The salary of the appellants was fixed accordingly3 in the pay scale of Rs.5500-9000 with effect from 1.4.1999 as per fixation order filed as P/7 to the writ application. In the year 2003, notice was issued on the basis of audit objection raised by the team of the State Government regarding the revision of pay scales as the same was granted without approval of the State Government. Reply to the notice was submitted. Ex-post facto approval of the State Government was sought by the University. The State Government refused to grant the sanction of the pay scale and ordered recovery from the individuals vide order dated 12.12.2006 (P/14 to the writ application). The appellants have submitted that they are entitled to the similar pay scales as that of the corresponding categories of the employees in the Government as per the conditions of their service and the State Government has ordered recovery in an illegal manner. The amount which was paid could not have been recovered. It was incumbent upon the State Government to grant approval. Consequently, the writ applications were filed.;