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2025 DAILYLAW 38864 (RAJ)

ASHOK KUMAR SHARMA v. SWAMI KESHWANAND RAJ AND ANR

CW/8884/2010 · 2025-08-18

Anand Sharma

body2025

Judgment text

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[2025:RJ-JP:32278] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 8884/2010 Ashok Kumar Sharma Son Of Shhri Govind Sahaya Sharma, aged about 59 years R/o 64/80, Pratap Nagar Housing Board, Jaipur Raj. ----Petitioner Versus 1. Swami Keshwanand Rajasthan Agriculture University, Bikaner Through Its Registrar. 2. The Zonal Director Research, Agriculture Research Station, Durgapura-Jaipur. ----Respondents For Petitioner(s) : None present For Respondent(s) : Mr. R.K. Paliwal for Mr. R.K. Katta HON'BLE MR. JUSTICE ANAND SHARMA Order 18/08/2025 1. None for the petitioner even in the second round. 2. By way of filing the instant writ petition, petitioner has assailed the legality and validity of orders dated 20/21.08.2001 (Annex-1) and 14.06.2010 (Annex-7) and has further prayed for direction against the respondents not to make refixation of pay of the petitioner pursuant to aforesaid impugned orders and he may be allowed to continue in the pay scale, which he was getting earlier to the aforesaid impugned orders. 3. Reply to the writ petition has not been filed. However, learned counsel appearing for the respondents submits that pay scales admissible to agriculture supervisors was considered by the Board of Manager of respondent-University and resolution was [2025:RJ-JP:32278] (2 of 3) [CW-8884/2010] passed that there should be distinction between the pay scales of agriculture supervisors having the base of agriculture and those not having the base of agriculture, and their pay scales should be at par with the government pay scales. It has been submitted that in the light of provisions of RAPSAR Act, 1999, no benefit of pay scale other than those admissible by the government can be granted by the University without there being sanction of the government. Under these circumstances, the respondents have corrected the mistake earlier committed by the University of granting higher pay scale to the agriculture supervisors and such mistake has been rectified by the impugned order. It has been submitted that by way of issuing corrigendum dated 21.09.2001, the recovery of excess amount up to 01.09.1996 has already been waived by University. 4. On perusal of the record and after hearing learned counsel for the respondents, I find that the petitioner has placed an order dated 12.11.2008 (Annex-5) passed by this Court in S.B. Civil Writ Petition No. 4797/2001, which has reference of quashing the notification dated 12.10.1998. The aforesaid notification dated 12.10.1998 has also been referred in the impugned notification dated 20/21.08.2021. Accordingly, the present writ petition disposed of a the direction to the petitioner to make a representation before the respondents in the light of aforesaid order dated 12.11.2008 passed in Indira Sharma & Ors. Vs. The Rajasthan Agriculture University & Anr. (S.B. Civil Writ Petition No. 4797/2001). The respondents shall pass necessary orders over such representation in the light of aforesaid within a period of 3 months from the date of receipt of copy of this order. [2025:RJ-JP:32278] (3 of 3) [CW-8884/2010] 5. The writ petition stands disposed of, as per aforesaid directions. (ANAND SHARMA),J NEERU/33