Jaishree Thakur, J. - (1.) THE present writ petition has been filed under Article 226 of the Constitution of India challenging the order dated 9.9.1998 by which the selection pay scale given to the petitioner was withdrawn.
(2.) THE petitioner was appointed as Constable on 8.1.1973 as per the provisions of the Rajasthan Police Subordinate Service Rules, 1989. The petitioner completed 18 years of service on 7.1.1991. After completion of 18 years of service, vide an order dated 24.10.1992 the petitioner was given selection pay scale as per the provisions of Government Order dated 25.1.1992. His initial basic pay scale was fixed from Rs. 1225/ - was increased to Rs. 1290/ - and scale granted to him was with effect from 25.1.1992. However, vide the impugned order dated 9.9.1998, the selection pay scale granted to the petitioner on completion of 18 years of service was cancelled and the petitioner's basic pay scale was reduced from Rs. 1290/ - to Rs. 1225/ - and recovery was ordered. Aggrieved against this action, the present writ petition has been filed seeking to quash the impugned order dated 9.9.1998. It is further contended that the order dated 9.9.1998 has been passed without giving an opportunity of hearing to the petitioner and thus, is against the principles of natural justice. Reply has been filed on behalf of the respondents wherein it has been stated that the petitioner got the higher pay scale on being granted selection pay scale to which he was not entitled and after the error was discovered, the pay scale was corrected.
(3.) I have heard the counsel for the parties and have perused the record of the case.;