JUDGMENT :

1. The petitioners have challenged Rule 38(v) of Rajasthan Panchayati Raj Prabodhak Service Rules 2008 (hereinafter to be referred to as ‘the Rules of 2008’). As per this clause (v) the petitioners and other similarly situated Prabodhaks would be governed by the Rajasthan Civil Services (Contributory Pension) Rules, 2005 (hereinafter to be referred as ‘new pension Rules of 2005’). The desire of the petitioners is that they should be governed by the old pension rules of the Rajasthan State under the Rajasthan Civil Services (Pension) Rules, 1996 (hereinafter to be referred as ‘old pension Rules of 1996’). The petitions arise in the following background:

In the State of Rajasthan, there were large number of ad-hoc teachers serving under the scheme and who were referred to as “Shiksha Karmi.” There was no permanency in their tenure nor were receiving regular pay scales. Many of these Shiksha Karmi including the petitioners were engaged for a considerable period of time. The State of Rajasthan therefore framed the Rules of 2008 with the purpose of absorbing these ad-hoc teachers on permanent basis. In exercise of powers under Section 102 read with Section 89 of the Rajasthan P