This writ petition has been filed by Chandra Pal Gupta, who is since dead and is represented by his son Kavindra Gupta. Petitioner has assailed the orders dated 04.12.1996, 19.06.1998 and 24.07.1998 and has prayed that they may be declared illegal, arbitrary and irrational and unconstitutional. He has further prayed that if any order prejudicial to the interest of the petitioner is passed during pendency of the writ petition, the same may also be quashed and set aside.

Facts of the case are that petitioner was appointed as Assistant Teacher vide order dated 12.12.1963. He joined as such on 24.12.1963. According to the petitioner, his appointment was made against permanent and clear vacancy on recommendation of the selection committee in regular pay scale of Rs.75-160. Petitioner was later on confirmed on the said post as Assistant Teacher vide order dated 31.01.1969 with effect from 01.04.1968. Petitioner was provided benefit of opening/acquiring efficiency bar in the pay scale as well as benefit of revised pay scale as and when revision of pay scales took place. He was provided benefit of selection grade on completion of 15 years of services and was also provided benefit of selection grade in lieu of promotion pursuant to the government circular dated 25.01.1992, which provides for grant of selection grades in lieu of promotions to those employees, who could not get promotion after putting in number of years of service, in that first, second and third selection grades are provided in lieu of first, second and third promotion on completion of 9, 18 and 27 years of service.

Petitioner completed his 27 years of service in the year 1990. Since petitioner was not granted any promotion upto mid of 1990, he was provided benefit of first, second and third selection grades From the date of initial appointment, the petitioner completed 9 years of service in the year 1972, 18 years of service in the year 1981 and 27 years of service in the year 1990. As per the circular dated 25.01.1992, petitioner was allowed the benefit of first selection grade in the pay scale of 1400-2600, second selection grade in the pay scale of 2000-32000 and third selection grade in the pay scale of 2000-3500, vide order dated 14/15.01.1994.

It is contended that the petitioner was provided first promotion of his career vide order dated 07.08.1990 as Teacher Gr.II in the pay scale of 14002600 and posted at Government Secondary School, Veer, vide order dated 26.09.1990. Petitioner submitted representation on 11.10.1990 stating therein his inability to materialize the promotion accorded to him on the ground that his wife is suffering from mental disorder for a long time and she is under regular treatment at Jawahar Lal Nehru Hospital, Ajmer and that there is no one to look after her and to take her to the doctor for advice, prescription and precaution to be taken for treatment. The Head Master of the Government Secondary School, Gulab Badi, forwarded his representation to the Joint Director, Education (Boys), Ajmer Circle, Jaipur. Thereafter vide order dated 23.11.1992 the petitioner was again promoted on the post of Teacher Gr.II and posted at Government Secondary School, Nalu (Kishangarh). Petitioner then submitted representation on 05.12.1992 requesting his posting in Ajmer city on the aforesaid grounds. However, the department did not press the petitioner to materialize his promotion. Thereafter petitioner was promoted vide order dated 07.08.1993 and posted at Government Secondary School, Khajpura, Kishangarh. He submitted representation dated 13.08.1993 pointing out his aforesaid grievance, which was forwarded to the higher authorities recommending that looking to the mental ailment of the wife of the petitioner, he may be posted in Ajmer city on promotion. The recommendation were sent vide letter dated 17.08.1993. Petitioner again provided promotion vide order dated 15.12.1994 and posted at Government Secondary School, Karkedi. Petitioner yet aga