G. M. LODHA, J. - (1.) THE petitioner in this Writ Petition has prayed as follows : - "it is, therefore, prayed that: - (1) by an appropriate writ, order or direction the order dated 28. 1. 1983 with the Government Circular dated 18. 5. 1976 and the order of the respondent No. 2 dated 7. 12. 1982 may kindly be declared as illegal and be quashed, the respondents be restrained from acting upon the same to the prejudice of the petitioner; (2) by a further appropriate writ, order or direction, the respondents may be directed to make payment of arrears to the petitioner for the month of January, 1983 and of any subsequent period which may become due to the petitioner. "
(2.) MR. Singhvi's contention is that Annexure-1 V is based on a Circular of the Government, which has been reproduced in the writ petition at page 4, dated 18th May, 1976 on the following subject: Adhoc/urgent temporary apppointments and Extension thereof even after regular recruitment exercising checks thereon. Since the matter relates to fixation of pay and grade, normally, the order Annexure-IV should be challenged and could have been challenged before the Rajasthan Civil Services Appellate Tribunal. Mr. Singhvi submitted that this order is based on the Circular of the Government, therefore, the Rajasthan Civil Services Appellate Tribunal would not be able to decide whether the order of the Government is valid and whether it should be implemented or not. I am unable to accept the above contention of Mr. Singhvi. Under the provisions of Rajasthan Civil Services Appellate Tribunal Act, 1976, the Service Appellate Tribunal has got jurisdiction to entertain the appeals in the matter of service conditions of the Government employees. Section 4 authorises the Tribunal to hear such appeals against the orders passed by any Officer or autho-rity on any service matter or matters affecting a Government servant. It is true that the validity of the statutory Act or Rules cannot be adjudicated by the Service Tribunal, but it is equally true that while considering the validity of any order in a service matter, if the Government wants to defend such order on the basis of any other government Order/circular the Tribunal would be competent to consider whether such Circular or Government Order is intra-vires or ultra-vires or against the statutory Rules and Act and the Constitution of India. If the circular or the order is patently against the statutory rules of the Governor or the Act, the Tribunal can certainly consider that aspect of the matter and decide whether the rules are violated by implementation of such circular or Government Order. If the rules are violated then the Tribunal can certainly say that the Government orders being against the rules cannot be implemented. In the instant case, Mr. Singhvi's contention is that the Government order extracted in the writ petition contravenes Rules 29 of the Rajasthan Service Rules. It is obvious that under clause (2) sub-clause (v) the fixation of pay is one of the service matter and u/s 4 of the Act and appeal lies against the fixation of pay. That being so, an appeal lies against Annexure IV, impugned order of fixation of pay of the petitioner. The petitioner can certainly in order to substitute his submission against the impugned order show to the Tribunal that the government order on the basis of which such a pay is being refixed to his detrement, is against Rule 29 of the Rajasthan Service Rules or any other rules having statutory force. If he succeeds in proving then the Tribunal would certainly be competent to grant relief to him by holding that the Government is bound to follow rule 29 and all government orders which are contrary to it are to be treated as invalid and ineffective and not binding.
(3.) THE essence of rule of law is that all Government Officers should follow the rule of law, and administrative orders which are against the statutory law, should not be enforced by the government Officers. The Tribunal being an Appellate forum created by the statute for judicial review of the orders of the authorities or the officers, is legally duty bound to examine such orders of the government whenever they are brought to their notice, having direct relevancy in a particular appeal and decide whether they are consistant with the Rajasthan Service Rules or other service Rules, and if they are found to be inconsistant with the Rajasthan Service Rules, then to hold them to be so by an express order. In my opinion, the apprehension of Mr. Singhvi, learned counsel for the petitioner that the Tribunal would not be able to decide the validity of Annexure-IV on account of the Government order, in the form of circular appears to be unfounded. ;