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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

O R D E R

1. Ram Ratan Meel

Vs. State of Rajasthan & Ors.

S.B.CIVIL WRIT PETITION NO.1083/2007

2. Mahesh Kishore Vyas Vs. JVVN Ltd. & Ors.

S.B.CIVIL WRIT PETITION NO.3164/2006

3. Manpal Singh vs. State of Raj. & Ors.

S.B.CIVIL WRIT PETITION NO.1084/2007

4. Mahesh Chandra Arya vs. State of Raj. & Ors.

S.B.CIVIL WRIT PETITION NO.1085/2007

5. Khursid Ahmed vs. State of Raj. & Ors.

S.B.CIVIL WRIT PETITION NO.1086/2007

6. Mahaveer Singh vs. State of Raj. & Ors.

S.B.CIVIL WRIT PETITION NO.1088/2007

DATE OF ORDER :: April 25, 2007

PRESENT

HON'BLE MR.JUSTICE H.R.PANWAR

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Mr.Mukesh Vyas, for the petitioners.

Mr.Raman Deep Singh, for the respondents.

BY THE COURT:

These writ petitions under Article 226 of the Constitution of

India involve common question of facts and law and, therefore,

are heard and being decided together.

For the decision of these writ petitions, the facts stated in

the writ petition No.1083/2007 Ram Ratan Meel vs. State of

Rajasthan & Ors. are being taken as a leading case.

The petitioner was initially appointed on the post of Junior

Compounder vide order Annexure-1 dt. 26.11.1994 in the pay

scale 950-1680 by respondent No.3. The post held by the

petitioner is equivalent to Livestock Assistant as made clear by

letter Annexure-6 dt. 7.1.2004 issued by respondent No.4. Vide

order Annexure-2 dt. 7.1.1999, this pay scale was revised and

the petitioner was granted the pay scale Rs.4000-6000 w.e.f.

1.4.1998.

In pursuance of the order dt. 4.5.1998 Annexure-3 issued

by the Finance Department (Rule Division), Jaipur, the pay

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scales for the post of Livestock Assistant (Stock Man), Junior

Compounder, Milk Recorder etc. after having been approved by

the Vice Chancellor, were revised from 3050-4590 to 4000-6000

vide order Annexure-4 dt. 14.1.2004. However, vide order

impugned Annexure-7 dt. 22.1.2007, the order dt. 14.1.2007

revising the pay scale from 3050-4590 to 4000-6000 has been

cancelled by respondent No.2 under the order of Vice

Chancellor.

The petitioner moved a detailed representation vide

Annexure-8 dt. 27.12.2007 to the respondent No.2 seeking

cancellation of the order impugned. However, no response has

been given to the petitioner. Hence, this writ petition.

It is contended by the learned counsel for the petitioner

that by the order Annexure-2 dt. 7.1.1999, the salary of the

petitioner was fixed by adopting Rajasthan Civil Services Revised

Pay Scales Rules 1998 (for short `the Rules of 1998'

hereinafter). It is further contended that Rajasthan Regulation

of Appointment to Public Service and Rationalisation of Staff Act,

1999 (for short `the Act, 1999 cannot be made applicable to the

case of the petitioner as the Act, 1999 came into force w.e.f.

7.5.1999 and it cannot have retrospective effect. So far salary of

the petitioner is concerned, it was revised by the respondents by

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adopting Rule of 1998 w.e.f. 1.4.1998 vide Annexure-4 and,

therefore, order Annexure-7 is contrary to law.

Learned counsel for the petitioner has relied on decisions

of this Court in M.D.Lohiya & Ors. vs. State of Rajasthan & Ors.,

2007 Western Law Cases (Raj.) UC, 308, Om Prakash Sharma

vs. State of Rajasthan & Ors., 2005 (3) CDR 1800 (Raj.) and

Bajrang Singh Rathore & Ors. vs. State of Rajasthan & Anr.,

2005 (3) CDR 1812 (Raj.).

In M.D.Lohiya & Ors. vs. State of Rajasthan & Ors. (supra),

this Court held as under:

“The University in pursuant to the

orders passed by the Government of

Rajasthan on 24.4.1993 read with

5.8.1993 on basis of resolution

No.71/94 undertaken by the Syndicate

ordered to revise the pay scales of

Senior Technical Assistants/Professional

Assistants by Order dated 7.7.1994.

Such revision was made by the

university with a view to ma