1. - In this petition, petitioner has prayed for quashing charge sheet dated 24/7/2006 (Annex.5) with all consequential benefits.

2. The case of petitioner is that she was selected and appointed as Physical Teacher on 17/12/1977 and presently she is working satisfactorily at Government Karnani Girls Secondary School, Gangashahar, Bikaner. As per petitioner when she was posted at Government Secondary School, Sri Doongargarh she proceeded on leave on medical ground due to her mental disease for which an application was moved along with the medical sickness certificate. In para no.4 of the writ petition, it is stated by the petitioner that the then District Education Officer (Girls) Bikaner vide her letter dated 12/7/1991 directed the petitioner to join her duties with immediate effect and in pursuance of said direction she joined the duties on 15/7/1991 in the office of District Education Officer (Girls) Bikaner. On joining the duties, she was given posting order, whereby, she was posted at Government Girls Secondary School, Loonkaransar vide order dated 25/7/1991. According to petitioner she is working with Education Department since then without an interruption.

3. The contention of petitioner is that after joining in the month of July, 1991 petitioner is being paid salary at the minimum of pay scale along with admissible allowances and she has not been paid annual grade increment till today so also the benefit of selection scale and revision of pay as per Revised Pay Scales Rules have also not been granted to her without assigning any reason, therefore, it resulted in the fact that petitioner is getting less salary.

4. The case of petitioner is that she is repeatedly demanding the above benefits and for the same she made several representations but no heed has been given by the respondents, therefore, she filed an appeal before the Rajasthan Civil Service Appellate Tribunal and her appeal was registered as Appeal No.352/2000. The said appeal was dismissed on the ground of maintainability by the Full Bench of Tribunal vide order dated 4/12/2003 and it was held that as per Section 4 and 9 of the Rajasthan Civil Services Appellate Tribunal Act, 1976 without any order in writing, no appeal lies.

5. It is contended by learned counsel for the petitioner that after rejection of petitioner's appeal, petitioner again made a demand for benefits of fixation and selection scale for which she is entitled but prayer of petitioner was not accepted without any cogent reasons. On one hand petitioner has been denied benefit of annual grade increments, selection scale and revised pay scales & on the other hand notice under Section 86 of the Rules of 1951 was issued to petitioner vide letter dated 7/5/2004 (Annex.3) in which it is stated that petitioner remained willful absent from duty for more than ten years. It is submitted that though petitioner submitted reply to the said notice and same was forwarded to the higher authorities but no disciplinary inquiry was initiated against her. It is contended by learned counsel for petitioner that petitioner never remained willful absent from duty and moreover she was on medical leave for which an application and certificate were filed but without considering the same and without any cogent reasons, after lapse of about 15 years from the date of joining in the year 1991, a charge sheet under Rule 16 of the CCA Rules, 1958 has been issued to petitioner on 24/7/2006. The contention of petitioner is that a charge sheet which is issued at such a belated stage is not tenable. As per petitioner she remained on medical leave w.e.f. 4/1/1978 to 14/7/1991 due to her mental disease, thereafter, she was allowed to assume her duties on 15/7/1991 and since then she has been working satisfactorily and peacefully without any break but she has been paid minimum of pay scale of the post with admissible allowances and no other service benefits like increments, selection scale and revision of pay scale were allowed t