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2010 DIGILAW 2111 (RAJ)

Tara Mirdha v. State of Rajasthan

2010-12-21

GOVIND MATHUR

body2010
JUDGMENT 1. - The petitioner entered in the services of the respondent being appointed as Teacher Grade-III on 27.1.1979. On 23.3.1984, a promotion was accorded to the petitioner as Teacher Grade-III in the pay-scale of Rs. 625-1120. The promotion aforesaid was on temporary basis till availability of regularly selected incumbents by way of promotion. The fixation of the petitioner's pay was made as per Revised Pay Rules on 1.9.1988, but that was in the pay-scale pertaining to the post of Teacher Grade-II. A benefit of selection grade as per the Government of Rajasthan notification dated 25.1.1992 was accorded to the petitioner on 26.1.1997. On introduction of the Rajasthan Civil Services (Revised Pay-scale) Rules, 1998 (for short 'the Rules of 1998' hereinafter) fixation of the petitioner's pay was made in the corresponding pay rules and the annual increments were also allowed to her. An amendment was introduced in the Pay Rules on 8.6.2001 prescribing Senior Scale and Selection Scale pays for the teachers in following terms "(ii) - The Teacher erstwhile teacher Grade III/drawing pay, in the second selection grade of 6500-10500 and promoted as senior prior to 1.7.89 shall draw' pay in the scale of 6500-10500 as senior scale of senior teacher, Those senior teacher who have not completed nine years service their entry scale as revised after September 1, 1996 would be Rs. 5500-9000." 2. The case of the petitioner is that fixation of the petitioner's pay in the pay-scale of Rs. 6500-10500 was made w.e.f. 26.1.1997 as a selection pay-scale being a promote as a Senior Teacher prior to 1.7.1989, therefore, on completion of eight years in the Senior Scale she becomes entitled for getting selection pay in the pay-scale of Rs. 7500-12000. The claim of the petitioner is denied by the respondents solely on the count that the promotion given to the petitioner in the year 1984 was purely on temporary basis, thus, her selection grades are required to be determined by treating her as Teacher Grade-III. The pay-scale of Rs. 7500-12000 shall be due to her only on completion of 27 years of service and not prior to that. 3. Heard learned counsel for the parties. 4. It is not in dispute that the petitioner is working as Teacher Grade-II since 1984. The pay-scale of Rs. 7500-12000 shall be due to her only on completion of 27 years of service and not prior to that. 3. Heard learned counsel for the parties. 4. It is not in dispute that the petitioner is working as Teacher Grade-II since 1984. True it is, promotion to her was give on temporary basis, but in pursuant to the promotion so given, the petitioner is still continuing as Teacher Grade-II. The respondents, as a matter of fact, failed to satisfy as to why regular promotion was not accorded to her and why no process took place for making such promotions in accordance with the Rules in last about 26 years. A person working on the post of Teacher Grade-II from last 26 years can legitimately expect for extension of all the benefits connected to the working post. The petitioner is admittedly working in the pay-scale of Rs. 6500-10500 and in the pay-scale aforesaid she had already completed eight years of service. The requirement of Rule is that the person working in the pay-scale aforesaid for a period of eight years becomes entitled for selection pay. 5. In view of it, the claim of the petitioner is just. Accordingly, the petition for writ is allowed. The respondents are directed to allow the selection pay to the petitioner from the date she completed eight years of service in the pay-scale of Rs. 6500-10500. The petitioner is also declared entitle for all the arrears accrued to her as a consequent to the fixation sought to be made in the terms above.No order as to costs.Petition Allowed. *******