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 Chemistry subject in Seth Motilal PG College, Jhunjhunu which is a Non-Government Aided Educational Institution. The services of the petitioner were confirmed w.e.f. 19.01.1995.

4. The institution, in which the petitioner was working, was receiving grant-in-aid from the State Government under the Rajasthan Non-Government Educational Institutions Act, 1989 (hereinafter shall be referred to as “the Act of 1989”) and the Rules framed thereunder i.e. the Rajasthan Non-Government Educational Institutions (Recognition, Grant-In-Aid and Service Conditions, Etc.) Rules, 1993 (hereinafter shall be referred to as “the Rules of 1993”) and the post of Lecturer in Chemistry was duly sanctioned w.e.f 01.04.1998.

5. The petitioner has pleaded that the University Grants Commission (for short “the UGC”) introduced Career Advancement Scheme (for short “the CAS”) and as such, the benefit of senior scale was granted to the petitioner w.e.f. 19.01.1998 after selection by a duly constituted Screening Committee including State Government nominee.

6. The petitioner has pleaded that after serving for five years as Lecturer in Chemistry in the senior scale from 19.01.1998, he was granted the benefit of selection scale w.e.f. 19.01.2003 again by a duly constituted Screening Committee nominated by the State Government.

7. The petitioner has pleaded that the State Government created a new service namely the Rajasthan Voluntary Rural Education Service Rules, 2010 and the petitioner had chosen to join the services in the Government Institution and he filled the option form and was absorbed in the Government Service under the RVRES Rules of 2010 on 29.07.2011 and the petitioner was relieved on 30.07.2011 and joined at the allotted College, after being relieved from the earlier Non-Government Aided Educational Institution-respondent No.4.

8. The petitioner has pleaded that vide order dated 21.02.2011 the salary of the petitioner came to be revised, in terms of Rule 5(iv) of the RVRES Rules of 2010, counting the services rendered by him only from 01.04.1998 and ignoring his services prior thereto i.e. from 19.01.1993 to 31.03.1998 and the salary of the petitioner also came to be revised, considering the grant of selection scale from 01.04.2007 instead of 19.01.2003.

9. The petitioner, feeling aggrieved by the issuance of order dated 21.02.2011, revising his salary in senior scale and selection scale and so also by the Rule 5(iv) of the RVRES Rules of 2010, assails the vires of Rule 5(iv) of the RVRES Rules of 2010 itself along with the consequential orders in the present petition.

10. The respondent-State has filed reply to the writ petition and in the preliminary submission, it has been pleaded that the order dated 21.02.2011 was issued by the respondent-4 Seth Motilal PG College, Jhunjhu