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2023 Supreme(Raj) 490

ASHOK KUMAR GAUR, ASHUTOSH KUMAR
Ashish Garg S/o Ramesh Chand Garg – Appellant
Versus
State of Rajasthan through Secretary, Department of Higher Education – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.Vivek Dangi, Adv.
For the Respondent:Mr.Prakhar Gupta, Advocate & Ms.Charvi Patni, Advocate on behalf
of Dr.V.B.Sharma, Mr.Neeraj Batra, Advocate

JUDGMENT :

By the Court

1. The instant writ petition has been filed by the petitioner challenging the vires of the Rules 5(iv) of the Rajasthan Voluntary Rural Education Service Rules, 2010 (hereinafter shall be referred to as “the RVRES Rules of 2010”).

2. The consequential prayers of the petitioner, as made in the writ petition, are as follows-

    (i) to quash and set aside the order dated 21.02.2011 regarding revision of salary of the petitioner granting senior scale to him from 01.04.2002 and selection scale from 01.04.2007;

(ii) to declare the petitioner entitled to the benefit of senior and selection scale from 19.01.1998 and 13.01.2003 respectively by taking into account the period of service rendered by him on the unaided post in the Non-Government Aided Educational Institution;

(iii) to direct the respondent Nos.3 and 4 to make payment of arrears of salary to the petitioner by extending the benefit of 6th Pay Commission recommendations while considering the services rendered by the petitioner on unaided post towards senior and selection scales.

3. The facts, in nutshell, of the present petition are that the petitioner was appointed initially on 19.01.1993 on the post of Lecturer in

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