1. - The instant petition has been filed by the petitioners with the prayer that the notification dated 8.6.2001 (Annex.5) may kindly be quashed and set aside and the respondents may further be directed not to effect any recovery pursuant to the order dated 22.5.2003 (Annex.6).

2. Brief facts of the case are that with a view to remove the financial stagnation of the employees working with the State Government and to grant them financial relief the State Government was pleased enough to provide selection grade on completion of 9, 18 and 27 years of service vide notification dated 25.1.1992 (Annex.1).

3. According to the notification dated 25.1.1992, if an employee completes 18 years of service and if he, has already been accorded one promotion, then he is entitled to get second selection grade only after completion of 18 years of service. The first selection grade is not available to such an employee, who has already been granted one promotion.

4. In the year 1996, as per the recommendations of the 5th pay commission, the pay scales of the employees of the State Government had undergone revision and to this effect, the Rules known as Rajasthan Civil Services (Revised Pay Scale) Rules, 1998 (hereinafter referred to as the Rules of 1998") were framed. The Rules of 1998 were given effect w.e.f. 1.9.1996 and the pay scales of all the employees who were working under the control of the State Government were revised and respective tables were also prepared under the Rules of 1998.

5. In this way, all the employees who were getting their salary in the pay scale of Rs.2000-3200/- their pay scale was revised and they were granted the pay scale No.12 which is Rs.6500-10500. All these employees who were getting the pay in 3rd selection grade in the pay scale of Rs.(illegiable) were also allowed the same pay scale i.e. Rs.6500-10500/- in accordance with the Rules of 1998. Accordingly, the petitioners, who were drawing their salary in the pay scale of Rs.2000-3200/- were fixed in the pay scale of Rs.6500-10500 and fixation order was issued in favour of the petitioners, but all of a sudden, an amendment has been introduced in the Rajasthan Civil Services (Revised Pay Scale) Rules, 1998 on 8.6.2001, whereby only in respect of the teachers, an amendment has been made in the existing general note 8 (1) and new clauses (ii) and (iii) have been inserted. Consequent upon this amendment, these rules are now called as the Rajasthan Civil Services (Revised Pay Scale) (Third Amendment) Rules, 2001 (hereinafter referred to as "the Amendment Act, 2001"). The text of Note 8 of the notification dated 8.6.2001 is reproduced as under:

"8. In the Rajasthan Civil Services (Revised Pay Scale) Rules, 1998 in Schedule V, the existing "General Note (" .....shall be renumbered as 8

(i) and following clause (ii) and (iii) there under shall be inserted namely:

(ii) the teachers (erstwhile Teacher Gr. III, drawing pay in the second selection grade of 6500-10500 and promoted as Sr. Teacher prior to 1.7.1989, shall draw pay in the scale of 6500-10500 as senior scale of Sr. Teacher. Those Sr. Teachers who have not completed nine years of services as Senior Teacher on 1.7.1989, their pay on 1.7.1989, shall be fixed in the pay scale of Rs.5500-9000/- and such teachers shall be allowed pay in the senior scale of 6500-10500/- on completion of ten years of service as Sr. Teacher.

(iii) As a result of the re-fixation of the pay in accordance with the provisions contained in clause (ii) above, the recovery of the over payment, if any, shall stand waived for the period from 1.7.1998 on the date of issue of this notification....."

6. It has also been stated by the petitioners in the petition that all the employees who were getting their salary in the pay scale of Rs.2000-3200 were allowed revised pay scale in the pay scale No.12, which is 6500- 10500/-, but it is strange that only for those who are working as teacher Grade IInd, new clause has been inserted whereby the pay scal