- (1.) The present writ petition has been filed assailing validity of Rule 24 (i) of the Rules of 2008 and in the alternative it has been prayed for the purposive interpretation of Rule may be so as to protect the fixation of pay of the person at par with that of the direct recruits on the post of Lecturer (School Education). During pendency of the petition, while giving a pragmatic view order was passed by the Division Bench of this Court interpreting R.24 (i) of the Rules of 2008 in D.B. CWP No.12294/2016 decided on 01.05.2017 and in the light of the order of the Division Bench further notification has been issued by the Starte Government in exercise of powers conferred by proviso to Article 309 of the Constitution of India dt. 30.10.2017 with the further direction not to effect recovery in para 3, which reads as under:- "3. Notwithstanding anything contained in these Rules, over payment of pay and allowances thereon made to the Government servants during the period from 01.07.2013 to date of this notification (both days inclusive) shall not be recovered."
(2.) That apart additional affidavit has also been filed by the respondents and reference has been made regarding the steps being taken in furtherance to the notification dt.30.10.2017. Para 7 of the additional affidavit being relevant reads as under:- "7. That in schedule V of notification, Lecturer (School Education) was kept in grade pay no.13 and from 1.1.2006 to 30.6.2013 grade pay was granted 4200 and w.e.f. 01.07.2013 grade pay 4800 was granted, revised pay in the running pay band has been kept Rs.12090 so revised pay for direct recruitees becomes 16890 (12090+4800) in place of 18750 by the notification dated 30.10.2017 which comes w.e.f. 01.07.2013. Direct recruited Lecturer now has been accorded revised pay 16890 w.e.f. 01.07.2013 and fixations in Seventh pay commissions will be made accordingly hence nothing remains the grievances of petitioners. It is further submitted that as per pay matrix both promoted lecturer (school education) and direct recruitee will be accorded minimum of Rs.44300 in L-12 level for existing grade pay no.14 ) Grade pay4800). Notification dated 30.10.2017 is being annexed as AA-1."
(3.) In the light of the amended notification dt.30.10.2017 along with para 7 of the additional affidavit filed by the respondent the present writ petition has become infructuous and accordingly stands dismissed.;