Ajay Rastogi, J. - (1.) Since common question is involved in all the three writ petitions, they are being disposed of by this common order. In order to resolve controversy raised in these petitions, common facts, in brief, are taken note out of CWP No 7999/92 (Kheratilal Meena v. State & Others) .
(2.) All petitioners are Ex Defence personnel. After serving Indian army for sufficient long time, retired form service at basic pension as per their entitlement under relevant pension rules and thereafter they were re-employed as Company Commander against quota reserved for Ex Defence Personnel in Department of Civil Defence & Home guard of State Government after their regular selection in pay scale of Rs. 2000-32001- and were fixed at minimum in the pay scale. After working for two years on their re-employment in pay scale of Rs. 2000-3200/-, respondents took impugned derision vide order dated 26.4.92 (Ann. 2) whereby their minimum pay was refixed and was reduced to Rs. 815/- on premises that as per R. 347 read with 351 of Rajasthan Service Rules, 1951 ('R.S.R.'). what has been paid to petitioners towards pension as Defence Personnel has to be adjusted towards pay as admissible to him in pay scale of Rs. 2000-3200/- and as a consequence whereof, further order (Ann.4) was issued on 23.7.92 by respondents for recovery of excess payment made to them. Hence petitioners have challenged orders of their re-fixation and so also recovery, by present petitions.
(3.) Shri Pyarelal, Counsel for petitioners has urged that rights were vested as a result of re-employment of petitioners after regular selection in pay scale of Rs. 2000-3200/- which they continued to draw, but the same was withdrawn by respondents without affording an opportunity of hearing before taking impugned decision of withdrawal and recovery under thereof, which has visited with civil consequences and denial of opportunity in such facts situation is in violation of principles of natural justice. In support of his contention Counsel has relied upon decisions of Apex Court in Bhagwan Shukla v. Union of India (AIR 1994 SC 2480) and of this Court in Narain Lal v. State (2000(3) WLC (Raj.) 332) .;