- (1.) INSTANT petition has been filed assailing order dt. 26/10/95 (Ann. 10 whereby earlier order dt. 23/11/93 pursuant to which, petitioner was fixed in revised pay scale while treating him to be regularly appointed as stenographer on 07/11/73, was cancelled on the premise that department of personnel has not consented and approved decision of respondents-Institute in implementing R. 7 (7) of Rajasthan subordinate Offices Ministerial Staff Service rules, 1957 (Rules, 1957 ).
(2.) PETITIONER initially joined service as lower Division Clerk on being appointed vide order dt. 01/09/65 in Department of Agriculture and after having qualified requisite examination conducted by Bhasha Vibhag, was redesignated as LDC-cum-Steno Typist w. e. f. 07/11/73 in pay scale of Rs. 90-110/- and was further promoted as UDC. However vide order dt. 19/11/76 his services were transferred from agriculture department to the respondent institute on the post of UDC-cum-Steno; and his services came to be regularised w. e. f. 04/07/79 and accordingly was appointed as Stenographer gr. II vide order dt. 04/10/80 (Ann. 1) passed in terms of notification dt. 15/03/78 - pursuant to which he held requisite qualification and eligibility to hold post of Stenographer Gr. II, and vide subsequent order dt. 22/08/81 (Ann. 2), corrigendum was issued to order dt. 04/10/80 (ann. 1) treating him duly regularised on appointment as Stenographer w. e. f. 04/09/79 vice 04/07/79 and was confirmed as Steno Gr. II vide order dt. 07/01/81 (Ann. 3 ).
(3.) HOWEVER, respondents in exercise of powers U/r 7 (7) of Rules, 1957 made revision of pay scale treating petitioner to be in regular cadre of Stenographer Gr. II w. e. f. 07/11/73 vide order dt. 17/11/93 endorsed vide No. 13403 dt. 23/11/93 (Ann. 9) and thereafter it appears that matter was sent to the department of personnel, Government of Rajasthan whereby it was opined that order dt. 23/11/93 (Ann. 9) is not in consonance with R. 7 (7) of Rules, 1957 and taking note whereof, order (Ann. 9) whereby his fixation was revised from time to time was cancelled vide order dt. 26/10/95 (Ann. 10 ). This Court vide order dt. 13/11/95 while admitting the petition, stayed operation of order dt. 26/10/95 (Ann. 10), by virtue whereof, order impugned (Ann. 10) was never given effect to and pendente petition, an order was passed by respondents on 21/08/2000 cancelling order dt. 26/10/95 (Ann. 10) impugned subject to final outcome of writ petition.;