[2026:RJ-JP:3350]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 10187/2015 Chandra Prakash Sharma S/o Shri Gopal Sharma, aged about 65 years, R/o B-130, Ranjeet Nagar, Alwar.

----Petitioner Versus

1. State Of Rajasthan Through Principal Secretary To The Government Department Of Secondary Education, Secretariat, Jaipur, Rajasthan.

2. Director Secondary Education, Rajasthan, Bikaner.rajasthan.

3. Dy. Director Secondary Education, Rajasthan, Jodhpur.

4. District Education Officer, Secondary Education Second, Jodhpur Rajasthan.

----Respondents For Petitioner(s) : Mr. Rakesh Kumar Sharma, Adv.

For Respondent(s) : Mr. Devansh Sharma, Dy. GC HON'BLE MR. JUSTICE ANAND SHARMA

Judgment

23/01/2026

1. Petitioner has filed the present writ petition seeking direction against the respondents to grant him benefit of senior and selection scale in terms of notification dated 07.08.1998 and further grant benefit of 3^rd ACP under the Rajasthan Civil Services (Revised Pay Scales) Rules, 2008 by quashing letter/order dated

29.09.2014.

2. Facts in brief are that the petitioner was initially appointed to the post of Senior Teacher (Commerce) vide order dated 26.02.1979 and he joined on 05.03.1979. Thereafter, an ad- hoc promotion to the post of School Lecturer (Commerce) was granted to the petitioner vide order dated 29.01.1983 and pursuant thereto, petitioner joined on 10.02.1983. While the petitioner was holding the post of ad-hoc School Lecturer, a promotion in the existing pay scale was offered to the petitioner vide order dated 07.09.2003. Such promotion order was not a promotion in fact and was merely a posting given to the petitioner, in the existing pay scale, to the post of Head Master. As such, the petitioner was not entitled for any finance upgradation pursuant to such order. Furthermore, although the petitioner was initially appointed as Senior Teacher substantively, yet benefits of selection grade on completion of 9, 18 and 27 years of service were not granted to the petitioner at the relevant time under the pretext that, may be on ad-hoc basis, yet the petitioner was holding the post of Lecturer or Head Master, which are the post of State Services and the circulars dated 25.01.1992 and 17.02.1998 were applicable only in respect of Class-IV, Ministerial and Subordinate Services and not on State Services.

3. Learned counsel for the petitioner further submits that first time, the State Government issued one notification dated 07.08.1998, introducing the scheme of grant of senior scale to the persons holding the post of Lecturer on completion of 10 years and, thereafter selection scale on completion of 8 years in senior scale.

4. Learned counsel for the petitioner submits that since, the petitioner had already completed more than 10 years as Lecturer on the date of issuance of notification dated 07.08.1998, he was entitled for senior scale on the post of Lecturer and thereafter, he completed 10+8=18 years of service in the year

2001 and was accordingly entitled for selection scale on the post of Lecturer, however, he was deprived of such benefits by raising hyper technical issue that the petitioner was not substantively holding the post of Lecturer.

5. Thereafter, first time the petitioner was offered regular promotion through D.P.C. to the post of School Lecturer vide order dated 02.07.2005, however, on account of prevailing conditions, for bona fide reasons, petitioner had to forego such regular promotion. Thereafter, on attaining the age of superannuation, the petitioner retired w.e.f. 30.06.2011.

6. Learned counsel for the petitioner submits that claim of the petitioner for senior and selection scales was pending since issuance of notification dated 07.08.1998, and even after his retirement, he submitted representation for considering his case for grant of senior and selection scales as per notification dated 07.08.1998, however, such representation has been rejected vide letter/order dated 29.09.2014 (Annexure-8)