DEVI SINGH Vs. COMMISSIONER AND SECRETARY

JUDGEMENT

(1.) INSTANT petition has been filed by petitioner assailing order dated 11th April, 2001 passed by Rajasthan Civil Services Appellate Tribunal.

(2.) PETITIONER , who was working as Assistant Sub -Inspector, initially joined service as Constable on 9th June, 1967, filed representation that one Shri Pothi Prasad, who is junior to him, is getting higher pay in comparison to him thus he is entitled for stepping up of his pay. On his said representation, his pay was also stepped up vide order dated 6th April, 1995 and certain monetary benefits were also paid to him. Later on, it revealed that so -called alleged junior Pothi Prasad was fixed on furnishing option, which was called for under Revised Pay Scale

(3.) COUNSEL for petitioner submits that initially the order which was passed by respondents on 9th March, 1999 was in clear violation of principles of natural justice and even if order is legally sustainable still respondents were not justified in making recovery, since there was no misrepresentation made by him and in support of his submission, counsel has placed reliance on the judgment of this Court in Subhkaran Gaur v. State of Rajasthan, 2000 WLC UC 289.