[2026:RJ-JP:1344]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5841/2013 Radha Krishna Joshi Son of Shri Amar Lal Joshi aged about 58 years, resident of Bohra Colony, Kekri, Distirct Ajmer.

----Petitioner Versus

1. State of Rajasthan through Principal Secretary, Department of Panchayti Raj, Secretariat, Jaipur.

2. Director, Elementary Education, Bikaner.

3. Deputy Director, Elemetary Education, Ajmer.

4. District Education Officer (Elementary), Ajmer.

5. Block Elementary Education Officer, Panchayat Samiti, Kekri.

----Respondents For Petitioner(s) : Mrs. Sudesh For Respondent(s) : Mr. Gopal Krishan Sharma, AGC with Mr. Saumil Sharma HON'BLE MR. JUSTICE ANAND SHARMA

Order

13/01/2026

1. It is stated that the petitioner was initially appointed on the post of Teacher Grade-III on 20.01.1976. While, the petitioner was in service of the respondents, after seeking permission from respondent-Department, the petitioner acquired degree of B.Ed. in the year 1997.

2. Learned counsel for the petitioner submits that as per Rajasthan Civil Services (Revised Pay Scales) Rules, 1998, the provision was made in Schedule-IV appended to the Rules of 1998 providing for grant of advance increment on acquiring higher qualification during service. Learned counsel submits that qualification of B.Ed. is considered to be higher qualification for Teacher Grade-III, therefore, the petitioner was entitled for advance increment, which was accordingly recommended by the Senior Deputy District Education Officer-cum-Block Elementary Education Officer, however, same was not granted to the petitioner only on account of the fact that Schedule-IV appended to the Rules of 1998 has been deleted vide notification dated 06.05.2002 in order to make amendment in the Rules of 1998.

3. Learned counsel for the petitioner submits that notification dated 06.05.2002 cannot be applied retrospectively in order to take away the legitimate right of the petitioner so as to claim advance increment on account of acquiring higher qualification and withholding such benefits on the part of the respondent is quite arbitrary.

4. Learned counsel for the respondents opposed the writ petition and submitted that the Rajasthan Civil Services (Revised Pay Scales) Rules, 1998 were made effective from 01.09.1996 and on account of deletion of Schedule-IV vide notification dated 06.05.2002, it will be treated that such schedule has been deleted with effect from 01.09.1996 and since, the petitioner has acquired degree of B.Ed. in January, 1997, therefore, he is not entitled for advance increment on account of acquiring higher qualification.

5. Heard and considered.

6. Bare perusal of notification dated 06.05.2002 would make it clear that it would come into force with immediate effect i.e. with effect from 06.05.2002. Even otherwise, it is settled proposition of law that any amendment cannot be made retrospectively until and unless such intention is reflected from bare reading of the amendment. In the instant case, when notification dated 06.05.2002 itself reveals that it shall came into force with immediate effect, it cannot be applied retrospectively by the respondents to take away the rights of the petitioner on account of acquiring degree of B.Ed. in January, 1997. Schedule- IV appended to the Rules of 1998 was very much in force on the date of acquiring degree by the petitioner. Hence, under these circumstances, withholding the benefits of advance increment on the part of the respondents, for the reasons assigned is totally irrational, arbitrary and illegal.

7. In view of above, the writ petition filed by the petitioner is hereby allowed and the respondents are directed to grant one advance increment to the petitioner in accordance with the then prevailing Schedule-IV appended to the Rajasthan Civil Services (Revised Pay Scales) Rules, 1998 for acquiring higher qualification of B.Ed. during service. Thereafter, pay fixation of the petitioner shall also be made accordingl