1. - The instant writ petition has been filed by 17 Accounts Officers, all of them have retired from service, challenging applicability of the amendment dated 18.8.1992 with retrospective effect i.e. from 25.1.1992 as well as Para 13 of the general selection scale order dated 25.1.1992. The petitioners have further prayed that respondents be directed to make proper fixation on the post held by them at the relevant time i.e. the post of Accounts Officer, as per main rule 26 A RSR and for further consequential benefits.

2. The facts, in brief, of the case are that all the petitioners entered in the service on being selected by the Rajasthan Public Service Commission on the post of Accountant between 1965 to 1969 and subsequently, all of them had been promoted as Assistant Accounts Officer in the year 1981 and 1982 and thereafter, from the post of Assistant Accounts Officer promoted to that of Accounts Officer in July, 1992 on the recommendations of the DPC against the vacancies of the year 1992-93 vide order dated 2.7.1992. While the petitioners were working on the post of Assistant Accounts Officer, which is a subordinate service post, all of the them had been granted selection scale of Rs. 2000-3500 vide order dated 28.2.1992 (Annexure-4) on completion of 18 years' service as per notification dated 25.1.1992, they have no grievance regarding their fixation in the said selection scale. Their grievance is that pay of some of them fixed on the promoted post of Accounts Officer (State service post) in the pay scale of Rs. 2200-4000 after giving the benefit of Rule 26-A which was withdrawn and recoveries were made in view of notification dated 18.8.1992 (Annexure-5) whereby Note-4 below Rule 26A RSR was amended w.e.f. 25.1.1992. Consequently, their pay was fixed/refixed as per the amendment on account of which they have suffered loss of approximately Rs. 400/- per month till their retirement and thereafter also the same has further adversely affected their pensionary benefits. The petitioners have submitted a Chart as 'Schedule-A' mentioning the date of order of first appointment in service, date of order of promotion as Assistant Accounts Officer, date of order of granting selection scale with pay scale and date of order of promotion as Accounts Officer under the Rajasthan Accounts Service with the year of allotment and pay scale. The same is reproduced hereunder for convenience :

3. The State of Rajasthan had filed reply to the writ petition wherein it has been asserted that the selection grades introduced by the Government vide order dated 25.1.1992 (Annexure-3) is in lieu of promotion and in para 13 of the aforesaid it has clearly been mentioned that in case of an employee who gets his regular promotion after getting the selection grade (identical to or lower than the pay scale of promotion post), his pay shall be fixed in