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2011 Supreme(Raj) 2581

RAJASTHAN HIGH COURT AT JAIPUR BENCH
M.N.Bhandari, J.
Jyoti Swaroop Yadav and others - Appellant
Versus
State of Rajasthan and others - Respondent
S.B. Civil Writ Petition No. 9063 of 2011.
Decided On : 26-09-2011

For the Petitioner:JM Saxena with Mr Dharmendra Pareek, Hanuman Choudhary with Tarun Choudhary, Karanpal Singh, Akhil Simlote, Nikhlesh Katara, Subhash Bisawa, Munesh Bhardwaj, Laxmikant Sharma, Kartar Singh, R.S. Bhardwaj, Brijesh Bhardwaj, Ashwini Jaiman, Arpit Srivastava, C.P. Sharma, Arvind Sharma, Manoj Singh Raghav, K.C. Sharma, Vikas Kabra, S.K. Singodiya, Santosh Kumar Jain, Vijay Pathak, Kavita Bhati and Kanwar Bahadur, Advocates.
For the Respondent: Ganesh Meena, Government Counsel and Priyanka Pareek, Dy Govt Counsel.
For the Party: H.R. Bishnoi, Accounts Officer, Directorate of Secondary Education and Bikaner present in person.

Headnote:Rajasthan Civil Services (Revised Pay) Rules, 2008, Rule 19 – The petitioner sought relief against reversion of pay – scales from Rs. 4,800/ – to Rs. 4200/ – . The respondent found wrong on their part in fixation of this pay scale because the 3rd grade teacher were not provided the benefit under this. There was no fraud on part of petitioner so they were entitled to have pay scale of Rs. 7,500/ – Rs. 12,000/ – . the petitioner allowed to consider in proper pay – scale and writ petition disposed of in accordance of law.

JUDGMENT

1. - Since on same set of facts, similar relief has been claimed, all these writ petitions have been heard together and decided by this common order.

2. By these writ petitions, a challenge has been made to the order dated 2.2.2011 at Annexure-3 in CWP No. 9063/2011 and consequential order, by which, petitioners have been re-fixed in the Grade Pay of Rs. 4200/- instead of Rs. 4800/-. Consequential orders of recovery have also been challenged.

3. Learned counsel for petitioners submit that initially petitioners were appointed on the post of Teacher Gr III. A circular was issued by the respondents on 25.1.1992 to provide benefit of selection scale to those who have not been extended benefit of promotion. It was to remove stagnation in service. An employee completing 9, 18 and 27 years of service was made entitled for first, second and third selection scale, if not promoted. As per the aforesaid circular, benefit of first, second and third selection scale was to be in the pay scale of the post on which one is entitled for promotion. In case one is not eligible for promotion or promotional post does not exist then he was to be governed by para 5 of the circular aforesaid. The respondents thereupon issued a Notification to revise pay scale vide Rajasthan Civil Services (Revised Pay Scales) (Sixth Amendment) Rules, 1998 (for short 'the Rules of 1998'). Therein, Teacher Gr III was given starting pay scale of Rs. 4500-7000 and, thereupon, benefit of senior scale after completion of 10 years of service in the pay scale of Rs. 5000-8000. Selection scale for them was in the pay scale of Rs. 5500-9000 after completion of 10 years of service the senior scale. By virtue of aforesaid Notification, the employees were made entitled for the benefit of two scales to remove stagnation. It was thus reduced the benefit of selection scale from three to two.

4. So far as Senior Teacher is concerned, he was given entry in the pay scale of Rs. 5500-9000. Thereupon, he was given benefit of senior scale after completion of 10 years of service in the pay scale of Rs. 6500-10500 and selection scale was in the pay scale of Rs. 7500-12000 after completion of 8 years of service in senior scale.

5. The respondents, realising some anomaly in fixation after coming into effect of Revised Pay Scale Rules of 1998, issued Notification on 8.6.2001. In para 3 of the said Notification, it was provided that the Teachers (erstwhile Teacher Gr III) drawing pay in the second selection grade of Rs. 6500-10500 and promoted as Senior Teacher prior to 1.7.1989 shall draw pay in the scale of Rs. 6500-10500 as senior scale of Senior Teacher. Meaning hereby, those already promoted on the post of Senior Teacher on or prior to 1.7.1989 were given benefit of Senior Scale under the Rules of 1998 and for others, who have not completed nine years of service as Senior Teacher as on 1.7.1989 their pay on the aforesaid date was to be fixed in the pay scale of Rs. 5500-9000 but with a stipulation that such Senior Teachers shall be allowed pay in the senior scale of Rs. 6500-10500 on completion of ten years of service as Senior Teacher. As a consequence of the Notification dated 8.6.2001, respondents issued orders to bring number of employees from pay scale of Rs. 6500-10500 to the pay scale of Rs. 5500-9000. Litigation therein was finally concluded in the case of "State of Rajasthan & ors v. Raniwas Porwal & ors", reported in 2008 (2) WLC (Rajasthan) 406. Therein, directions were given in para No. 40 to 43. Respondents accordingly implemented the directions issued in the aforesaid judgment.

6. The respondents, thereupon, came with the Rajasthan Civil Services (Revised Pay) Rules, 2008 (for short 'the Rules of 2008') to revise the pay scale and, therein, again, an employee has been made entitled to get benefit of three selection grades. The scheme has been named as Assured Career Progression (for short the 'ACP'). Provision for the aforesaid was made under rule 19 of the Rules of 2008





























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