TARA MIRDHA Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(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 dt. 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

(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 p ies.