ORDER :

1. This writ petition has been filed by the petitioner seeking a direction to the respondents to modify the order dated 6.3.2019 (Annex.7) and amended confirmation order dated 8.7.2021 (Annex.9), allow the first ACP on completion of 09 years of service w.e.f. 10.10.2014 by considering her first date of appointment as 10.10.2005. Further directions have been sought to allow other consequential benefits by treating her initial date of appointment as 10.10.2005.

2. It is inter-alia indicated that the petitioner was initially appointment in the respondent department on the post of Teacher Gr.III under widow category by order dated 22.9.2005 (Annex.1) Pursuant to the said order the petitioner joined her duties on 10.10.2005. After completion of probation period of 02 years, an order dated 3.2.2010 was passed, whereby, the petitioner was allowed regular pay scale, annual increment and other notional benefits vide Annex.3.

3. In terms of the requirement of order of appointment, whereby, the petitioner was required to acquire the required qualification of STC within a period of three years, needful was done by her on 5.7.2009. The competent authority passed the order dated 24.4.2018 (Annex.6) confirming the services of the petitioner w.e.f. 10.10.2007. Whereafter, by order dated 6.3.2019, the petitioner was accorded first selection grade w.e.f. 5.7.2018.

4. Aggrieved of the date of grant of selection grade, the petitioner made representation (Annex.P/8) to the respondents seeking grant of selection grade w.e.f. 10.10.2014 with other consequential benefits. However, by order dated 8.7.2021 (Annex.9), the order dated 3.2.2010 (Annex.3) came to be revised and based on the fact that the petitioner had passed her STC on 5.7.2009, her date of regular appointment was shifted to 5.7.2009 and her date of confirmation was also changed to 5.7.2011.

5. Learned counsel for the petitioner made submissions that at the time when the petitioner was appointed in the year 2005, there was no stipulation regarding the date of regularization being shifted to the date of acquiring the required qualification of STC and, therefore, the petitioner was rightly granted the benefit on completion of period of probation on 10.10.2007 and grant of regular pay scale/increments w.e.f. the said date and the action of the respondents in this regard is not justified.

6. It was submitted that the respondents have wrongly relied on first proviso to Rule 11 of the Rajasthan Educational Subordinate Service Rules, 1971 (‘the Rules 1971’) for the purpose of regularizing the petitioner from the date of acquisition of qualification of STC as the said provision was introduced by Amendment Rules, 2011 on 30.5.2011, prior to which there was no stipulation in this regard and as the respondents had already passed the order dated 3.2.2010 (Annex.3) the said order could not be modified/revised and, therefore, the order impugned deserves to be quashed and set aside.

7. Learned counsel appearing for the respondents made submissions that the first proviso to Rule 11 of the Rules, 1971 is explicit, which provides that the services of widows/divorced women appointed after relaxing the required qualification of STC shall be regularized from the date they acquire the required qualification and, therefore, the order impugned does not call for any interference.

8. Submissions were also made that though the amendment was introduced in the year 2011, the same was merely clarificatory and as such the same would apply to the case of petitioner as well and, therefore, the petition deserves dismissal.

9. I have considered the submissions made by learned counsel for the parties and have perused the material available on record.

10. The petitioner was accorded appointment as Teacher Gr.III as a widow by order dated 22.9.2005. The order of appointment inter-alia required the following:

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