STATE OF RAJASTHAN Vs. RANIWAS PORWAL

JUDGEMENT

(1.) HON'ble BALIA ACJ. , Heard learned counsel for the parties.

(2.) ALL these appeals raise common issues about fall out of amendment made in General Note 8 relating to the Education Department appended to Schedule-V of the Rajasthan Civil Services (Revised Pay Scales) Rules, 1998 by inserting sub-clause (ii) and sub-clause (iii) in the Note vide Notification No. F. 16 (5) FD (Rules)/98 dated 8. 6. 2001. This amendment was to come in effect retrospectively w. e. f. 1. 7. 1998.

(3.) THIS resultant fixation of the Senior Teachers promoted less than nine years before 1. 7. 1998 led to filing of several writ petitions challenging the fixation in lower pay-scale and as a result of this amendment and reduction in pay with retrospective effect, consequential recoveries were to be made therefrom. The validity of such amendment in the Rules was challenged inter alia on the ground that the incumbents had vested right to continue in the pay-scale in which they were already drawing their emoluments and that right could not have been curtailed by the amendment by reducing the pay-scale applicable to them and consequential reduction of the emoluments. Such amendment was canvased to be ultravires the authority of legislation being unconstitutional.