M.N. Bhandari, J. - (1.) By this writ petition, a challenge is made to the order dated 12th May, 2010, whereby the pay scale of Rs. 10000 -15200 allowed to the petitioner for the post of Private Secretary and pay scale of Rs. 5500 -9000 for the post of Stenographer Gr.II were ordered to be withdrawn and both the pay scales have been substituted by the pay scale of Rs. 9000 -14400 and Rs. 5000 -8000 respectively.
(2.) Learned counsel for petitioner submits that after appointment on the post of Stenographer Gr.II, the petitioner was promoted on the post of Private Secretary and allowed the pay scale of 10000 -15200 w.e.f. 1st November, 2001. The respondent -University thereafter revised the pay scale in pursuance to the Rajasthan Civil Services (Revised Pay Scale) Rules, 2008 (in short "The Rules of 2008") and accordingly allowed the pay scale of 15600 -39100. The similar benefit was given to the counterparts of the petitioner but has not been withdrawn because they have retired prior to passing of the impugned order. They are getting retiral benefits in the same pay scale which they were drawing at the time of retirement. The petitioner's pay scale has been revised vide impugned order in reference to the letters of the State Government dated 12th December, 2006 and 6th February, 2008. It is without providing opportunity of hearing though the petitioner was getting higher pay scale for last more than 10 years before the impugned order was passed. The revision of the pay scale is even for the post of Stenographer Gr.II. In view of above, impugned order has been passed in violation of principles of natural justice. The reference of 5th and 6th Revised Pay scale Rules has been given to show entitlement of the pay scale given to the petitioner. The withdrawal of the pay scale is in the light of the letters issued by the State Government on 12th December, 2006 and subsequently on 6th February, 2008.
(3.) The issue in reference to the order of the State Government for withdrawing the pay scale came up for consideration before this court in the case of K. Shankar Iyer & Ors. ] The State of Rajasthan & Ors., S.B. Civil Writ Petition No. 383/2007, decided by the Principal Seat at Jodhpur on 21st July, 2011. The D.B. Civil Special Appeal (Writ) bearing No. 2032/2011, State of Raj. & Anr. v/s. K. Shankar Iyer & Ors. was dismissed by the Division Bench on 25th April, 2012. Since controversy in reference to the order of the Government has already been dealt with, the judgment (supra) applies to the facts of this case. Accordingly, petition be allowed by quashing the impugned order so that petitioner may be brought at par with those who are getting pensionary benefits in the higher pay scale prior to its withdrawal.;