Dayaram Prajapati And Ors vs State Of Rajasthan And Ors

Petitioners have filed this writ petition praying for declaring Rule 14 of the Rajasthan Civil Services (Revised Pay) Rules, 2008 (for short, ‘the Rules

of 2008’), ultra vires being contrary to Article 14 of the Constitution of India to the extent it does not grant fixation to them as granted to similarly

situated candidates recruited as Teacher Grade-III in the same recruitment process. Further prayer is made for a direction to respondents to give

same benefit to the petitioners as was given to the petitioners in D.B. Civil Writ Petition No.1949/2011 titled Anita Sharma and Others Vs. State of

Rajasthan and Others, decided vide order dated 20.03.2015.

Learned counsel for petitioners submits that the case of the present petitioners is squarely covered by the judgment of this court dated 12.03.2019 in

D.B. Civil Writ Petition No.4253/2019 â€" Ramesh Chand Saini and Others Vs. State of Rajasthan and Others and therefore it may be decided in the

light thereof. Learned counsel submits that he also does not press the challenge to Rule 14 of the Rules of 2008, however, prays that the State

Government be directed to consider their case for grant of one time relaxation.

It is contended that selection of the petitioners as Upper Primary Teacher was made with the Primary Teachers. Candidates of both the categories

appeared in written examination pursuant to common selection process. Common merit list was prepared, but the appointments were given on the

basis of qualification/eligibility of the candidates. Appointments of the Primary Teachers were made on 24.09.2007 but the State Government delayed

appointments of the petitioners as Upper Primary Teachers and eventually their appointment orders were issued on different dates. The petitioners

have filed the appointment orders of some of the petitioners dated 12.01.2008 on record as Annexure-2. In between, the State Government vide

notification dated 12.09.2008 promulgated the Rules of 2008. According to Rule 14 of the Rules of 2008, batch of the candidates appointed on the post

of Primary Teachers received increment on 01.07.2010 since they completed one year probation period after their appointment before the applicability

of the aforesaid notification, but in the case of present petitioners, since their appointments were delayed, they could not complete their probation and

their increments would be delayed by one year and would be payable on 01.07.2011. Learned counsel has invited attention of the Court towards Rule

3 of the Rules of 2008, where the Governor retains the power to relax the rule in the case of undue hardship in any particular case.

Prima facie, we are satisfied that it is a case of hardship, but since the State Government has not examined this matter, we refrain from expressing

any further opinion, except requiring the State Government to have the case of the petitioners examined for grant of one time relaxation, so as to

consider their case and bring them at par with the Primary Teachers appointed in the same process of selection held pursuant to same advertisement

by granting them one increment, may be notionally, with effect from 01.07.2010 considering that they were actually in service on that date and even

prior thereto.

We, therefore, direct the State Government to undertake necessary exercise and pass appropriate order with regard thereto within a period of four

months from the date of production of copy of this order. It goes without saying that in case grievance of the petitioners is not remedied, the

petitioners would be at liberty to file fresh writ petition with the same prayer as made in the present writ petition and also incorporating challenge to

the order that may be passed by the State Government.

With aforesaid direction, writ petition stands disposed of.