STATE OF RAJASTHAN Vs. RAMESHWAR LAL SHARMA

JUDGEMENT

(1.) THIS order will dispose of DB Civil Writ petition No. 647/80 and 24 other connected writ petitions, details of which have been given in Schedule A

(2.) ALL the aforesaid writ Petitions are directed against the order of the Rajasthan Civil Services Appellate Tribunal dated March 20, 1979. ALL these writ petitions involve common questions of law and are based on more or less identical facts. Therefore, it would be appropriate to refer to the facts of one petition No. 647/80 State V. Rameshawarlal.

(3.) LEARNED Additional Government Advocate vehemently argued that the special pay was given to the Lower Division Clerks serving in the Anti Corruption Branch of the Police Department because they were discharging duties of ardous nature and this benefit cannot be claimed by other persons serving in the Police Department. He further submitted that the Government was fully justified in enforcing recovery because the decision of the Tribunal and that of the High Court in Hajarilal's case cannot be applied in the case of the respondents. He further submitted that by virtue of rule 13-A which was introduced w. e. f. 1. 9. 1961, the pay fixation of the respondents has been rendered illegal and even though they might be senior, they cannot claim benefit of stepping up of pay. He submitted that the Governor was fully competent to enact a rule like Rule 13-A of 1961 Rules.