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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

D.B. Civil Special Appeal (W) No.41/2015

State of Rajasthan & Others v. Dharmendra Kumar Jain & Others

D.B. Civil Special Appeal (W) No.43/2015

State of Rajasthan & Others v. Vishnu Kumar & Another

Date of order

13.7.2015

Hon'ble Mr. Justice Ajay Rastogi

Hon'ble Mr. Justice J.K. Ranka

Mr. Inderjeet Singh, AAG, for appellants

Mr. Ashok Gaur, Sr. Counsel, with

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Mr. Ajat Shatru Meena

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Mr. Giriraj Rajoria

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1.

Since common question is involved in both these appeals, they

are being decided by the present order.

2.

The respondents herein are teachers and members of the

Rajasthan Technical Education Service Rules, 1973 (for short 'the

Rules of 1973'). It is not in dispute that Career Advancement Scheme

(for short 'CAS') was also introduced by the State Government with

effect from 1.9.1996 for Lecturers/Librarians and Physical Training

Instructors of the Polytechnic Colleges, whose services are governed

by the Rajasthan Technical Education (Engineering) Service Rules,

2010, vide order dated 1.9.2010. But the benefit of CAS was not

extended to the teachers of Technical Education, and earlier they

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approached this court and their writ petitions were disposed of with the

observation to make representations and direction to decide the

representations in accordance with law.

3.

In compliance of order of the court, representations were filed

before the competent authority which came to be rejected on the

premise that their selection for ad hoc appointment was not made by

the committee as required for normal selection and as such the period

of ad hoc service is not countable for grant of CAS, and it was further

observed that similar cases were decided by this court to extend the

benefit of CAS to the members of College Education, however, that

dispute is still subjudice before the Apex Court.

4.

It is informed to this court that as regards the litigations pending

before Apex Court for grant of CAS to the teachers of College

Education is concerned, that came to be decided by the Apex Court

rejecting the Special Leave Petitions preferred by the State of Rajasthan

in the judgment reported in 2013 (14) SCC 562 (State of Rajasthan &

Another v. Milap Chand Jain Another), and keeping in view the

mandate of the Apex Court a batch of Special Appeals preferred by the

State of Rajasthan, after the judgment of the Apex Court for grant of

CAS to the teachers of College Education, came to be dismissed by this

court vide order dated 16.12.2014.

5.

It is not in dispute that the benefit of CAS is admissible to the

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teachers of Technical Education, and as regards the question of

counting of ad hoc service is concerned, that has already been taken

care of by the Apex Court in the judgment reported in 2013 (14) SCC

562, and it has been finally held that ad hoc service rendered by the

teachers is also to be counted for the purpose of grant of CAS and

question is no more res integra and open to examine in the instant

proceedings.

6.

Mr. Inderjeet Singh, Addl. Advocate General, appearing for the

State submits that apart from the reason assigned for rejecting

representations, still the question which was raised before the learned

Single Judge that under the order of the State Government dated

1.9.2010 there is a restriction imposed in the proviso added to para 1.1

which clearly indicates that such of the Lecturers will not be eligible

for promotion to Lecturer (Senior Scale) who have already taken the

benefit of promotion to senior post(s) under the provision of the Rules

of 1973, and submits that since some of the Lecturers have taken the

benefit of promotion to higher posts, as such benefit of CAS is not

applicable to them.

7.

In our considered view the submission is wholly bereft of merit

for the reason that promotions under the Rules of 1973 is for those

Lecturers who are alrea