Dr. Vineet Kothari, J. - (1.) THE petitioner has filed the present writ petition with the following prayers: It is, therefore, most humbly and respectfully prayed that this Hon'ble Court may be pleased to issue the following directions: i) The writ petition filed by the petitioner be allowed; ii) Issue a Writ of Mandamus, certiorari or any other appropriate writ, order or direction to the respondent -Department by quashing and setting aside the orders at Annex. 5, dated 25.1.2012 and Annex. 6 dated 13.03.2012 and refund the amount of Rs. 78,147/ - with interest. iii) Direct the respondents to grant the basic pay of Rs. 925/ - to the petitioner w.e.f. 1.9.1986 with all consequential benefits and after making the correct re -fixation, the arrears of entire retiral benefits should also be granted to the petitioner with interest @12% per annum.
(2.) THE learned counsel for the respondents, Mr. Vikram Choudhary submitted that the controversy involved in the present writ petition is covered by the decision of this Court of in the case of Dinesh Chandra V/s Rajasthan Rajya Vidhyut Prasaran Nigam Ltd. -SBCWP No. 2540/2013 decided on 5.5.2014 in which this court held as under: The writ petition has been filed for alleged wrong pay fixation done by the respondent -authorities. However, before coming to this Court, the petitioner has not approached the respondent -Authorities themselves for explaining the basis of such recovery and also wrong pay fixation, if any made by them nor the respondents before directing such recovery have explained as to on what basis and details of such recovery of amount has been arrived at and whether the pay fixation done in the case of present petitioner was proper or not.
(3.) IN these circumstances, since such questions of facts cannot be gone into straightway under Article 226 of the Constitution of India in the writ jurisdiction, the writ petition is disposed of with a liberty and direction to the petitioner to move appropriate representation to the respondent No. 1 -Managing Director, Rajasthan Rajya Vidhyut Prasaran Nigam Ltd., who will pass appropriate speaking order preferably after giving an opportunity of hearing to the petitioner. Such representation may be filed within a period of two weeks from today and the representation is expected to be decided within a period of three months as an outer limit for the said respondent by a speaking order. No order as to costs. A copy of this order be sent to the parties concerned forthwith. 3. The learned counsel for the petitioner does not object to the same. 4. Accordingly, the present writ petition is disposed of in same terms. No order as to costs. A copy of this order be sent to the parties concerned forthwith.;