Rajasthan High Court - Jodhpur
Nandlal Bhati vs State And Ors on 4 December, 2023
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2023:RJ-JD:41325]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 5581/2006
Nandlal Bhati
----Petitioner
Versus
State And Ors.
----Respondent
For Petitioner(s) : Mr. Shubham Ojha
For Respondent(s) : Mr. Shrawan Kumar, Dy.G.C.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Judgment
Reserved on 29/11/2023
Pronounced on 04/12/2023
1. The matter pertains to the year 2006, thus, was listed under
the category "Oldest Cases for Early Disposal".
2. This petition under Article 226 of the Constitution of India
has been preferred claiming the following reliefs:
"It is therefore, most humbly and respectfully prayed
that :-
a) by an appropriate writ, order or direction the writ petition
filed by the petitioner may kindly be allowed.
b) by an appropriate writ, order or direction the impugned
order 09-02-2004 (Annx.-7) passed by the Deputy Director
(Secondary) Education Department, Jodhpur may kindly be
quashed and set aside and the petitioner be restored to Rs.
2060/- as he was drawing the said amount before passing of
order dated 28-02-1998 (Annexure-6).
c) by an appropriate writ order or direction the petitioner be
granted all other consequential benefit following from
quashing of order dated 09-02-2004 (Annexure-7).
[2023:RJ-JD:41325] (2 of 6) [CW-5581/2006]
d) by an appropriate writ, order or direction the respondents
may kindly be be directed to refund the amount of recovery
made in pursuance of the order dated 28.2.97 (Annexure-
6).
e) Any other appropriate writ order or direction which this
Hon'ble court deems just and proper in the facts and
circumstances of the case may kindly be passed in favour of
the petitioner."
3. Brief facts of the case, as placed before by learned counsel of
the petitioner, are that the petitioner was appointed as Teacher
Grade-III on 24.11.1975, and thereafter, was promoted to the
post of Teacher Grade-II on 14.09.1978 and posted at
Government Secondary School, Bisalpur.
3.1. The petitioner had passed his M.Ed. Examination on
02.06.1984. The respondents vide order dated 29.09.1998
granted higher pay scale to the petitioner w.e.f. 02.06.1984.
Thereafter the respondents revised the pay scale from time to
time and the petitioner was granted pay grade of Rs. 2000-3200
after completion of 9 years of services; the respondents vide order
dated 06.10.1993 granted higher basic pay of Rs.2,060/- in the
aforesaid grade to the petitioner.
3.2 Subsequently, the respondents vide order dated 28.02.1997,
issued a recovery order to the tune of Rs.7,717/- from the
petitioner on the ground that the petitioner had been wrongly
granted the higher pay scale, and therefore, the pay scale was
reduced from Rs. 2,060/- to Rs. 2,000/-. Aggrieved thereby, the
petitioner preferred S.B. Civil Writ Petition No.3770/2002 before
this Hon'ble Court, and the same was decided on 16.07.2003 with
[2023:RJ-JD:41325] (3 of 6) [CW-5581/2006]
a direction to the petitioner to submit a representation before the
respondents, who in turn, were directed to decide the same. In
pursuance of the said order, the petitioner filed a representation
and the same was rejected by the respondents vide impugned
order dated 09.02.2004.
3.3. Thus, aggrieved by the order dated 09.02.2004, the present
petition has been preferred claiming the afore-quoted reliefs.
4. Learned counsel for the petitioner submitted that the
respondents denied higher pay of Rs. 2060/- to the petitioner
despite the fact that he was entitled to the same as per Rajasthan
Civil Services (Revised Pay Scales) Rules, 1983, and also the
whole impugned action of the respondents, is nothing but a
misinterpretation of the provisions of the said Rules.
4.1. Learned counsel further submitted that the respondents
wrongly stated that the increment towards the qualification of
M.Ed cannot be granted twice; the petitioner is a M.Ed Degree
holder, and therefore, there is no question of increment given for
once or more than once.
4.2. Learned counsel also submitted that the respondents
wrongly interpreted the provisions of law and because of the
same, the junior person started getting higher salary than the
other senior employees, including the present petitioner. It was
further submitted that the respondents also rejected the
representation of the petitioner on baseless grounds, and
therefore, the impugned action of the respondents is not justified
in law.
[2023:RJ-JD:41325] (4 of 6) [CW-5581/2006]
5. On the other hand, learned counsel appearing on behalf of
the respondents, while opposing the aforesaid submissions made
on behalf of the petitioner, submitted that in pursuance of
notification dated 25.01.1992, the petitioner's pay scale was fixed
at Rs. 2000-3200/- and not at Rs. 2060/-. It was further
submitted that the petitioner was granted an additional increment
on acquiring the qualification of M.Ed, and therefore, the pay scale
fixed at Rs. 2060/- was a wrong fixation of pay and the audit team
also raised the objection, resulting into issuance of recovery notice
towards excess payment to the petitioner.
5.1. It was also submitted that the petitioner's pay was also fixed
at Rs. 2000/- from 1900/- and he has been granted the benefits of
Rs.100/- at time of fixation of his pay. It was further submitted
that the petitioner has been granted the benefits in the form of
one additional increment on acquiring the qualification of M.Ed. on
02.06.1984 and the same was merged, while making fixation of
his pay at the time of revision of pay. Therefore, as per learned
counsel, the petitioner is not entitled to get the benefits of one
additional increment twice.
5.2. It was further submitted that in case of acquisition of M.Ed.
or B.Ed., if any junior employee is granted one additional
increment, then in that case, the senior employee is not entitled
to be fixed at the said stage.
6. Heard learned counsel for the parties as well as perused the
record of the case.
7. This Court observes that the petitioner was appointed as
Teacher Grade-III and thereafter the petitioner was promoted to
[2023:RJ-JD:41325] (5 of 6) [CW-5581/2006]
the post of Teacher Grade-II. In furtherance, the petitioner had
passed his M.Ed. Examination, whereafter the respondents revised
the pay scale of the petitioner time to time and the respondents
granted higher basic pay of Rs.2,060/- in the aforesaid grade to
the petitioner. Subsequently, the respondents issued the
aforementioned recovery order and the pay scale of the petitioner
was reduced from Rs.2,060/- to Rs. 2,000/-, whereupon the
petitioner filed a representation, but the same was rejected by the
respondents vide impugned order.
8. This Court further observes that after appointment of the
petitioner on the post in question, the respondents revised his pay
scale from time to time and the petitioner had also acquired the
higher qualification; the respondents vide order dated 06.10.1993
granted higher basic pay of Rs. 2,060/- to the petitioner, despite
the fact that initially, the respondents had already revised the pay
scale from Rs. 1900/- to Rs. 2000/- on count of his acquiring the
higher qualification.
9. This Court also observes that the once the benefit of the
higher qualification was granted to the petitioner by the
respondents by way of revision of the pay scale, then the same
benefit cannot be granted twice to the petitioner. This Court
further observes that the pay scale of Rs. 2000/- was already
granted to the petitioner because of his M.Ed. Qualification. This
Court is thus of the opinion that reduction in the pay scale of the
petitioner from Rs. 2,060/- to Rs. 2,000/- is justified and
sustained in the eye of law.
[2023:RJ-JD:41325] (6 of 6) [CW-5581/2006]
10. Thus, in light of the aforesaid observations and looking into
the factual matrix of the present case, this Court does not find it a
fit case so as to grant any relief to the petitioner in the present
petition.
11. Consequently, the present petition is dismissed. All pending
applications stand disposed of.
(DR.PUSHPENDRA SINGH BHATI), J.
SKant/-
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