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1997 DIGILAW 120 (RAJ)

Mahendra Singh v. State of Rajasthan

1997-01-22

P.P.NAOLEKAR

body1997
JUDGMENT 1. - The petitioner who was a trained teacher was employed, by respondent No. 3 Bal Niketan Montessory School, Jodhpur. The date of superannuation of the petitioner was 30-4-1991. An order was issued before that date on 26-4-1991 extending the services of the petitioner from 1-5-1991 to 30-4-1992. The petitioner's pay-scale was Rs. 1200-30-2050. By the time the petitioner's services were extended vide order dated 26-4-1991, the petitioner had reached the stage of Rs. 1800/- in his pay-scale. After re-instatement, the petitioner was fixed at Rs. 12001"-. The present petition has been filed claiming fixation of pay at Rs. 1800/- the stage to which the petitioner had already arrived prior to extension of his services. For this claim, the BO;' CO; R52; 97," RK, RTT petitioner has relied upon the notes to Rule 56 of the Rajasthan Service Rules. 2. According to the note, the teaching staff of the School, College, and other teaching institutions or Heads of such teaching institutions who are due to attain the age of superannuation before the month of January during the academic year shall be granted leave-preparatory to retirement if admissible and applied for they shall retire on due date. Similarly, those persons who are due to attain the age of superannuation on or after 1st January but are entitled to leave preparatory to retirement to such extent that they can be relieved to proceed on leave before 1st January should also be granted leave if applied for and retire on due date. The persons who attain the age of superannuation on or after 1st January and who either do not have leave due which could have been availed of prior to 1st of Sept. or do not want to avail of leave preparatory to retirement shall be retired on due date. If, however, the appointing-authority considers it necessary to retain their services in the interest of the State during the remaining months of the academic year including the summer vacation, or 30th June, whichever, is earlier, they may be re- employed on the following terms: (i) pay on re-employment shall be fixed equal to the pay last drawn before retirement minus pension. (ii) Pending finalisation of pension claims of such employees they may be allowed to draw pay on re-employment at the rate last drawn by them before retirement on provisional basis, subject to the condition that excess payment be adjusted against the amount of pension and Death cum retirement gratuity on finalisation of pension claim. (iii) In cases where the pay on re-employment is fixed under Item (i) above, the provisions of Rule 337 and decisions there-under shall not apply for purposes of fixation of pay on re-employment. 3. On reading of the above note, it is manifest that the employment contemplated under the note is only for the remaining period of the academic year or upto 30th June, whichever is earlier. The re-employment given to the petitioner was for the period from 1-5-1991 to 30-4-1992 which could not have been under the note to Rule 56 because had it been employment under Rule 56 it could have been only upto 30-6-1991 only and not upto 30-4-1992. Therefore, Rule 56 of the Rajasthan Service Rules has no application to the petitioner's case. The petitioner's case is squarely covered by the Government of Rajasthan decision taken under Rule 337 of Chapter XVIII of Rajasthan Service Rules wherein it has been provided that initial pay on re-employment shall be at the minimum of the pay-scale fixed for the post for which the person is re-employment. The petitioner's re-employment could thus only fetch him the minimum of the scale of pay prescribed for the post which the petitioner held on re-employment. That was minimum of the pay in the pay-scale of Rs. 1200-30-2050. Therefore, the petitioner has been rightly fixed at the minimum of the pay-scale. 4. As a result, the writ petition fails and is hereby disco ed. However, in the circumstances of the case, there shall be no order as to costs.Petition dismissed. *******