Amendments to rules typically have prospective effect unless explicitly stated otherwise, impacting service benefits and seniority.

Order :

(ANOOP KUMAR DHAND, J.)

1. The instant writ petition has been filed with the following prayer:-

“1. By an appropriate direction the respondent be directed to release all service benefits including seniority, selection scale and all other benefits as has been granted to her juniors.

2. By an appropriate directions, order respondent be directed in taking into consideration the first date of appointment as 13-1-1996 and the release of payment and arrears to the petitioner. The order dated 5-7-2011 and 17-11-2016 may kindly be quashed and set-aside.

3. By an appropriate direction the recovery made by the Respondent by amending the date of initial appointment arbitrarily may be directed to refund make to the petitioner that 24 percent interest.

4. By an appropriate writ petition order the seniority given to the petitioner as has been given during the date of initial appointment for her juniors named in above para.

5. Any other appropriate relief which is Hon’ble Court deemed for a period may be given in grant in favour of the petition.”

2. By way of filing this writ petition, the petitioner is seeking directions against the respondents to treat her date of appointment as 13.01.1996 instead of 19.01.1997.

3. Learned counsel for the petitioner submits that the petitioner is a widow lady and she participated in the process for selection for appointment on the post of Teacher-Gr.III under the quota prescribed for Widow/Divorced Females under Rule 11 of the Rajasthan Education Subordinate Service Rules, 1971 (hereinafter referred to as “the Rules of 1971”). Learned counsel submits that, at the relevant time, the petitioner was given appointment on 13.01.1996 while she was pursuing her B.Ed. course thereafter. She qualified the said examination on 04.06.1996. Learned counsel submits that, without any basis, the respondents have treated the initial date of appointment of the petitioner as 19.01.1997. Learned counsel submits that with no stretch of imagination, it can be believed that the appointment was given to her in the month of January, 1997 rather appointment was given to her on 13.01.1996. Learned counsel submits that in the reply, the case of the respondents is that certain amendments were brought under Rule 11 of the Rules of 1971 wherein the provision was inserted for regularization of service of such like candidates from the date of acquisition of required qualification. Learned counsel submits that the amendment brought under Rule 11 of the Rules of 1971 cannot be applied with its retrospective effect as no such provision was there prior to the amendment when the appointment was granted to the petitioner and when the petitioner acquired the required qualification. Learned counsel submits that, under these circumstances, the petitioner is entitled to get all service benefits from the date of her initial appointment i.e. 13.01.1996. Learned counsel submits that the controversy involved in this petition has already been set at rest by the co- ordinate Bench of this Court in the case of Seema Garg Versus State of Rajasthan & others while deciding S.B. Civil Writ Petition No.4091/2004. Learned counsel submits that, under these circumstances, interference of this Court is warranted.

4. Per contra, learned counsel for the respondents opposed the arguments raised by learned counsel for the petitioner and submitted that at the time of initial appointment of the petitioner i.e. on 13.01.1996 the petitioner was not in possession of the requisite qualification for getting appointment on the post of Teacher Gr.III. Learned counsel submits that the petitioner acquired the said qualification in the month of June, 1996, hence under these circumstances, her date of appointment was treated as 19.01.1997. Learned counsel submits that in order to make clarity in the Rules of 1971, amendment was brought under Rule 11 of the Rules of 1971, which specifically lays down that service of such like candidates would be regularised from the date of acquisiti