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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
JUSTICE DINESH MEHTA, J
DR. OM PRAKASH JAKHAR – Appellant
Versus
STATE OF RAJ. AND ORS. – Respondent
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 Petitioners have called in question, the order dated 15.10.2012 (Annexure-8), whereby the respondents have withdrawn/revoked the order for grant of revised pay scale on the post of Associate Professor/Reader.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 petitione
Statutory rights of employees cannot be revoked without valid reasons, and pending amendments do not justify withdrawal of established pay scales.
A clerical error in an advertisement does not confer entitlement to a higher pay scale than what is established by government orders.
The main legal point established in the judgment is the illegality of reducing the petitioner's pay-scale without adhering to principles of natural justice, and the emphasis on equal treatment of emp....
The court established that due process must be followed in altering pay-scales, particularly regarding recovery of payments made in error, emphasizing employee rights post-retirement.
the relief claimed in the petition, even based on the judgment in the case of Dr B.M. Gupta, is not tenable in law as there is gross delay in approaching the Court even if presuming it to be similar ....
Entitlement to pay scale under the Himachal Pradesh Civil Services (Revised Pay) Rules and the application of previous judgments in determining entitlement to the revised pay scale.
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