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2006 Supreme(Raj) 3233

MOHAMMAD RAFIQ
Ram Ratan Chouhan & etc. – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioners:M.S. Singhvi, Advocate.
For the State:Rameshwar Dave, Dy. Govt. Advocate.

JUDGMENT

1. - All the aforementioned writ petitions have been filed by the petitioners against a common order dated 7th May, 2002. The petitioners were by this order fixed in the pay scale of Rs. 7500-12000 w.e.f. 1st July, 1998 subject to the condition that they would be required to refund the excess amount received by them pursuant to payment of their salary in the earlier pay scale. The petitioners have also challenged the notification dated 7th August, 1998 prescribing thereby pay scale No. 12-A i.e. 7500-12000 for the post of Vice Principal held by them and have prayed that the same be declared illegal and struck down as being violative of Articles 14 and 16 of the Constitution of India. The petitioners have prayed for a further direction that the respondents be restrained from making any recovery from them pursuant to their orders dated 7th May, 2002 and 17-6-2002 and if any recovery is made in the meantime, they may be further directed refund such amount 12% p.a. Since all these writ petitions raise a common question of facts and law, they are being taken up together and disposed by a common order.

2. The petitioners were initially appointed on the post of Senior Teacher (Lec
























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