Ram Ratan Chouhan & etc. vs State of Rajasthan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2006 Supreme(Raj) 3233

RAJASTHAN HIGH COURT
Mohammad Rafiq, J.
Ram Ratan Chouhan & etc. - Appellant
Versus
State of Rajasthan - Respondent
Civil Writ Petition Nos. 4988, 4803, 2058, 5001, 3432 & 4247 of 2002.
Decided On : 20-11-2006

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

Headnote:A. Constitution of India, Art. 14 and 16 – Rajasthan Civil Services (Revised Pay Scale) Rules, 1998 – According to the Constitution of India, once a government servant is allowed to draw salary at a particular pay scale, then such pay scale cannot be amended to lower pay scale through any rules having retrospective effect – in the present case, the petitioner was promoted to a post where he was getting a pay scale of Rs 8000 – Rs 13500 but through a notification, the pay scale got reduced to Rs 7500 – Rs 12000 – the HC held that such vested rights or accrued rights cannot be taken over or withdrawn by amendment retrospectively.

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 (Lecturer) and were thereafter promoted on the post of Vice Principal. Some of them were promoted when the salary of the post of Vice Principal was paid in the pay scale of Rs. 2200-4000 (scale No. 16) but subsequently this pay scale was revised to Rs. 8000-13500 w.e.f. 1-1-1997. In order to appreciate the controversy better, the details with regard to initial appointment, and subsequently promotion and revised pay fixation of the petitioners are disclosed in the petitions are being detailed out in the following chart :

Writ Petition Nos. & title

Initial Appointment

Date and post of promotion

Date of Order of fixation of salary and its later revision in Revised Rules of 1999

Date, Post of promotion and pay scale

Notification dated 7/8/1998 providing for Revision of Pay Scales of various posts (in the case of the petitioner, Vice Principal)

No. 4988/02 "Ram Ratan Chouhan vs. State"

Senior Teacher (Lecturer), 1971

21/2/1997, Vice Principal, Date of joining 4/3/1997

10/7/1997, Rupees 2200 - 4000/- w.e.f. 4/3/1997 but later fixed in scale of 8000 - 13500/- on 14.6.2000 w.e.f. 1.9.96 but petitioner submitted option for revision of salary w.e.f. 21.9.1997

29/9/2000, Principal, Rs. 9000 - 14400/-

Made effective from 1/7/1998, pay scale No. 12A was added, provides for senior scale of Rs. 7500 - 12000/- for entry scale of Rs. 6500 - 12000/-

No. 4803/02 "Heer Singh vs. State"

Senior Teacher (Lecturer), 1970

16/11/1996, Vice Principal

On 29/5/1998 in scale of Rs. 8000 - 13500 w.e.f. 3/12/1996

30/8/2000, Principal, Rs. 9000 - 14400/-

Made effective from 1/7/1998, Pay scale No. 12A was added, provides for senior scale of Rs. 7500 - 12000/- for entry scale of Rs. 6500 - 12000/-

No. 2058/02 "Bhoj Raj Vyas vs. State"

Teacher Grade II, 1967

1977, Senior Teacher (Lecturer) and on 28/10/1997, Vice Principal

On 27.11.1997, in Scale of 2200 - 4000/- w.e.f. 10/11/1997 but later fixed in scale of 8000 - 13500 w.e.f. 10/11/1997

31/10/2001, Principal (on temporary basis), Rs. 9000 - 14400/-

Made effective from 1.7.1998, pay scale No. 12A was added, provides for scale of Rs. 7500 - 12000/-. Entry scale of Rs. 6500 - 12000/-

No. 5001/02 "Madan Lal Modi"

Senior Teacher (Lecturer) 1971

21/2/1997, Vice Principal

On 29/5/1997 in scale of Rs. 2200 - 4000/- w.e.f. 5.3.1997 but later fixed in scale of Rs. 8000 - 13500/- w.e.f. 21.9.1997

29/9/2000, Principal, Rs. 9000 - 14400/-

Made effective from 1.7.1998, Pay scale No. 12A was added, provides for scale of Rs. 7500 - 12000/-. Entry scale of Rs. 6500 - 12000/-

No. 3432/02 "Roop Narayan Joshi vs. State"

Teacher Grade II, 1968

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2006 Supreme(Raj) 3233

RAJASTHAN HIGH COURTMohammad Rafiq, J.Ram Ratan Chouhan & etc. - AppellantVersusState of Rajasthan - RespondentCivil Writ Petition Nos. 4988, 4803, 2058, 5001, 3432 & 4247 of 2002.Decided On : 20-11-2006

Cases Referred (2)

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RAJASTHAN HIGH COURT
Mohammad Rafiq, J.
Ram Ratan Chouhan & etc. - Appellant
Versus
State of Rajasthan - Respondent
Civil Writ Petition Nos. 4988, 4803, 2058, 5001, 3432 & 4247 of 2002.
Decided On : 20-11-2006