SUKHWIR SISODIA Vs. STATE AND ORS.

JUDGEMENT

(1.) COUNSEL submits that controversy raised herein has been decided by DB decision of this Court at principal seat Jodhpur in Special Appeal (Writ) 208/06 and bunch of others (State of Rajasthan v. Ramniwas Porwal) on 13/12/07 (Per Hon. Mr. Rajesh Balia, J.) (2008 (2) WLC 406) clarifying the position ad infra:

(2.) BUT those who have been promoted as Senior Teachers drawing their pay in Second Selection Grade of 6500 -10500 will not be eligible for this pay protection because even under the Rules of 1998 as initially exist, they were to be promoted to Senior Scale, which was Rs. 5500 -9000 only. But because of lacuna in the Rules originally enacted, not 26 providing any specific provision, their fixation has been wrongly made by considering all Senior Teachers to be of the same category. The initial fixation in higher pay -scale being without any mistake on their part, until Notification of amendment, the resultant recoveries of excess amount paid to them has been waived.

(3.) BUT after correction of this lacuna on amendment of Note 8, no such protection has been granted under the Rules. If any such recovery has become due on account of continued drawing of pay by such Senior Teachers promoted after 1.7.1998, due to no mistake or misrepresentation on the part of such incumbents, they may make appropriate representation to the Government to consider their cases against recovery.