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 Panchayati Raj Act, 1994 the State of Rajasthan framed the said Rules of 2008. Rule 4 of the said Rules pertains to composition and strength of service. As per Sub-Rule (1) of Rule 4, such service shall consist of the posts specified in Column 2 of the Schedule which were the posts of Prabodhak and Senior Prabodhak. Rule 6 pertains to the methods of recruitment. So far as the post of Prabodhak is concerned, the same would be filled up 100 percent through direct recruitment. Column 6 of the Schedule prescribes the qualifications and experience for direct recruitment to the post of Prabodhak. This required any of the alternate qualifications prescribed therein such as Senior Secondary School certificate etc. and at least 5 years of continuous teaching experience without any break in any recognized educational institution/educational project. This prescription for experience was thus designed specially to suit the requirement of the ad-hoc teachers serving in different schemes and generally referred to as Siksha Karmi. Part IV of the Rules of 2008 contains procedure for direct recruitment. As per Rule 26, selection of the candidates would be made by the appointing authority of the candidates who stand highest in the order of merit in the list prepared by the Committee under Rule 25.

2. Part-VI pertains to appointment, probation and confirmation. As per Rule 33 contained in the said part, a person entering the service by way of direct recruitment against the clear vacancy would be placed as a probationer trainee for a period of two years.

3. Part-VII pertains to pay during probation. Rule 37 contained in the said part provides that a probationer trainee appointed to the service by direct recruitment shall be paid monthly fixed remuneration during the period of probation on such rates as may be fixed by the Government from time to time. Rule 37A was inserted subsequently and provides that a Prabodhak appointed as a probationer trainee on fixed remuneration, on successful completion of probation period, shall be granted one increment for every additional 3 years of continuous teaching experience gained before his appointment, beyond the required minimum 5 years of continuous teaching experience without any break, in any recognized educational institution or educational project. Rule 38 pertains to regulations of pay, leave, allowances, contributory pension etc and reads as under:

“38. Regulations of pay, leaves, allowances, contributory pension etc. - Except as provided in these rules, the pay, allowances, contributory pension, leave and other conditions of service of the member of the Service, shall be regulated by:

(i) The Rajasthan Service Rules, 1951, as amended from time to time.

(ii) The Rajasthan Civil Services (Classification, Control and Appeal) Rules,