Statutory rights of employees cannot be revoked without valid reasons, and pending amendments do not justify withdrawal of established pay scales.

Order :

1. Petitioners have called in question, the order dated 15.10.2012 (Annexure-8), whereby the respondents have withdrawn/revoked the order for grant of revised pay scale on the post of Associate Professor/Reader.

2. Mr. Bhandari, learned senior counsel submitted that the order impugned is illegal not only for breach of principles of natural justice but also on its merits inasmuch as the AICTE notification dated 05.03.2010 clearly covers the petitioners’ case.

3. Learned counsel invited Court’s attention towards the judgment dated 13.05.2013 passed by Co-ordinate Bench of this Court in the case of Rakesh Goyal & Ors. vs. State of Rajasthan and Ors. in S.B. Civil Writ Petition No.7607/2012 so also the judgment dated 26.08.2013 passed by Jaipur Bench in the case of Arun Prakash Bhana & Ors. vs. State of Rajasthan & Ors., in S.B. Civil Writ Petition No.8583/2011 in support of his case.

4. Mr. Harish Purohit, learned counsel for the respondents was not in a position to distinguish the present case from the cases referred above, so far as legal principle is concerned. He however, pointed out that the petitioners in the present case are Associate Professor/Reader, whereas the petitioners in the case of Rakesh Goyal (supra) were Head of the Department in the Polytechnic Colleges.

5. In the case of Rakesh Goyal (supra), this Court has held thus :-

“Heard learned counsel for the parties.

As already stated earlier it is the admitted position that under the Revised Pay-Scale Rules of 2010 the pay- scale prescribed for the post of Head of Department/Assistant Director is Rs.37,400-67,000 with academic grade-pay of Rs.9,000/-, but that has been withdrawn as an amendment in the pay-scale allowed is under consideration. No amendment in the Rules as desired by the respondents is yet made by the competent authority. The petitioners, as such, are statutorily entitled to have fixation of their pay in the pay-scale of Rs.37,400-

67,000 with academic grade-pay of Rs.9,000/- and that could have not been withdrawn by the respondents till that exists in statutory book. The reason given by the respondents for withdrawal of the pay-scale is as a matter of fact absolutely non-existent. The statutory right of the petitioners cannot be denied merely on the count that some proposal for amendment in the Rules is under consideration.

The petition for writ, thus, deserves acceptance.

Accordingly, the same is allowed. The decision of the respondents to de-fix the petitioners from the pay-scale of Rs.37,400-67,000 with academic grade pay of Rs.9,000/- is declared illegal. The petitioners are entitled to be fixed in the pay-scale prescribed for the psot of head of Department/Assistant Directors i.e. of Rs.37,400-67,000 with academic grade pay of Rs.9,000/-. No order as to cost.”

6. Following the reasoning given in the case of Rakesh Goyal (supra), the present writ petition is allowed. The impugned order dated 15.10.2012 is hereby quashed and the respondents are directed to revise petitioners’ pay scale to Rs.37,400-67,000/- with academic grade pay of Rs.9,000/-.

7. The petitioners shall be entitled to all the consequential benefits following the quashment of the order dated 15.10.2012, including monetary benefits.

8. Stay application also stands disposed of.