- (1.) HON'ble BALIA ACJ. , Heard learned counsel for the parties.
(2.) ALL these appeals raise common issues about fall out of amendment made in General Note 8 relating to the Education Department appended to Schedule-V of the Rajasthan Civil Services (Revised Pay Scales) Rules, 1998 by inserting sub-clause (ii) and sub-clause (iii) in the Note vide Notification No. F. 16 (5) FD (Rules)/98 dated 8. 6. 2001. This amendment was to come in effect retrospectively w. e. f. 1. 7. 1998. All the respondents-petitioners are Senior Teachers drawing pay in second selection grade of 6500-10500 and continue to draw pay in the scale as senior scale without considering the eligibility period of service for the senior scale prescribed under this order. This provision was also made applicable to the respective equivalent posts mentioned in the Schedule (i) issued by the Education department. Since all the incumbents were drawing pay in selection grade of 6500-10500, they were accordingly fixed therein on commencement of the revised pay- scale Rules, 1998 and continued in the pay-scale in which they were drawing pay at the time of commencement of the Rules. By the amendment, while the original Note 8 was kept intact as 8 (i), two paragraphs were added and after amendment, Note 8 as aforesaid reads as under :-      " 8. [ (i) The Senior Teachers drawing pay in the first selection grade of 6500-10500 shall continue to draw pay in the scale as senior scale without considering the eligibility period of service for the senior scale prescribed under this order. This provision shall also be applicable to the respective equivalent posts mentioned above. (ii) The teacher (earstwhile Teacher grade III) drawing pay in the second selection grade of 6500-10500 and promoted as Senior Teacher prior to 1. 7. 1989 shall draw pay in the scale of 6500- 10500 as senior scale of Senior Teacher. Those Senior Teachers who have not completed nine years service as Senior Teacher on 1. 7. 1998, their pay on 1. 7. 1998 shall be fixed in the pay scale of 5500-9000 and such Senior Teachers shall be allowed pay in the senior scale of 6500-10500 on completion of ten years service as Senior Teacher. (iii) As a result of re-fixation of pay in accordance with the provisions contained in clause (ii) above the recovery of overpayment, if any, shall stand waived for the period from 1. 7. 1998 to the date of issue of this Notification. " This resulted in Senior Teachers drawing their emoluments in the pay-scale of 6500-10500 at the commencement of the Rules into two classes; the persons, who were promoted as Senior Teachers prior to 1. 7. 1989 and drawing pay in the then first selection scale of 6500-10500 as Senior Teachers in the same pay-scale named as senior scale. However, those Senior Teachers, who have been promoted after 1. 7. 1989 and had not completed nine years of service as Senior Teacher on 1. 7. 1998, their pay w. e. f. 1. 7. 1998 was to be fixed in the lower pay-scale of 5500-9000 and such Senior Teachers falling in the latter class were again allowed to draw their salary in the senior scale of 6500-10500 on completion of ten years of service as Senior Teacher. Under sub-clause (iii) of the Note 8, the recovery of overpayment, if any, which became due as a result of fixation in whole pay-scale to waive for the period from 1. 7. 1998 to the date of issue of this Notification i. e. 8. 6. 2001.
(3.) THIS resultant fixation of the Senior Teachers promoted less than nine years before 1. 7. 1998 led to filing of several writ petitions challenging the fixation in lower pay-scale and as a result of this amendment and reduction in pay with retrospective effect, consequential recoveries were to be made therefrom. The validity of such amendment in the Rules was challenged inter alia on the ground that the incumbents had vested right to continue in the pay-scale in which they were already drawing their emoluments and that right could not have been curtailed by the amendment by reducing the pay-scale applicable to them and consequential reduction of the emoluments. Such amendment was canvased to be ultravires the authority of legislation being unconstitutional. The plea found favour with the learned Single Judge while deciding the case of Chandra Mohan Singh & 185 Ors. vs. State of Rajasthan & Ors. reported in 2004 (3) WLC (Raj.) 413, and it was held that before amendment the incumbents Senior Teachers had acquired vested right to draw their pay in the formerly selection scale designed as senior scale under the Revised Pay-scale Rules, 1998 before the commencement of the Rules and they continued to draw emoluments under the Revised Pay-scale Rules of 1998. The said vested right could not have been taken away by amending the rules retrospectively. The learned Single Judge in Chandra Mohan's case decided the writ petitions in terms of following directions :-      " As a result of the above discussion. I decided the instant writ petitions in the following terms:- (i)- Impugned notifications dated June 8,2001 and August 7,1998 to the extent they interfere with the accrued and vested right of the petitioners and similar situated employees in reducing the Pay scale of Rs. 6500-10500 to Rs. 5500-9000 w. e. f. July 1, 1998 are declared ultravires to the Constitution and only to that extent they stand quashed and set aside. (ii)- The petitioners unaffected by the impugned notifications shall be entitled to retain the pay scale of Rs. 6500-10500 and consequential monetary benefits in view of 1998 Rules which were given effect from September 1,1996. (iii)- The respondents are restrained from making any recovery from the petitioners and if any recovery has already been affected, the entire recovered amount shall be refunded back within thirty days from the date of receipt of certified copy of this order. (iv)- There shall be no order as to costs. " After the aforesaid decision, a number of writ petitions came to be decided by the learned Single Judges by following the decision in the case of Chandra Mohan's and directions were issued in terms thereof. ;