State of Rajasthan and Others vs Dharmendra Kumar Jain and Others

Since common question is involved in both these appeals, they are being decided by the present order.

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 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.

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.

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 State of Rajasthan and Another Vs. Milap Chand Jain and Another Etc., (2013) 138 FLR 985 : (2013) 9 SCALE 405 : (2013) 14 SCC 562 , 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.

It is not in dispute that the benefit of CAS is admissible to the 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 State of Rajasthan and Another Vs. Milap Chand Jain and Another Etc., (2013) 138 FLR 985 : (2013) 9 SCALE 405 : (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.

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.

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 already holding feeder post, and as regards Lecturers (Senior Scale) are concerned, if some one has not been given due promotion as contemplated under the scheme of rules, or those who are entitled for CAS, their rights cannot be stultified in view of a proviso appended to para 1.1 of the order dated 1.9.2010, and apart from it, this was never a question raised or considered by the State Government while rejecting the representations vide order dated 19.3.2013.

The learned Single Judge taking into consideration the submissions made, observed that the controversy is no more res integra to be examined in the light of what has been observed by the Apex Court in the judgment reported in State of Rajasthan and Another Vs. Milap Chand Jain and Another Etc., (2013) 138 FLR 985 : (2013) 9 SCALE 405 : (2013) 14 SCC 562 . We are also of the view that the question is no more res integra and the appellant-State of Rajasthan is under an obligation to consider ad hoc service rendered by a teacher, who is a member of the Rajasthan Technical Education Service, for grant of CAS under the scheme.

After hearing the parties, we do not find any error committed by the learned Single Judge in the order impugned calling for interference by this court. Both the appeals being devoid of merit, are accordingly dismissed.