KAMLA SHANKAR JOSHI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this writ petition, the petitioner has prayed for quashing Annex. R/1 dated 10.3.2003, so also, Annex. P/2 dated 25.2.2003, whereby the respondents refused to reckon the period spent by the petitioner for acquiring B.Ed, qualification as well as higher education of M.Sc. (Technical). It is also prayed that the respondents may be directed to compute the period of privilege leave correctly.

(2.) As per brief facts of the case, the petitioner was initially appointed as Teacher by the respondent Education Department in the year 1969 and, thereafter, a specific order was made on 29.6.1970 appointing the petitioner on the post of Senior Teacher (Physics) in the pay scale of Rs. 225-15-345-20-. 525 with effect from 1.7.1990. Said appointment was made after due selection of the petitioner by the Rajasthan Public Service Commission. It is worthwhile to observe here that the Rajasthan Subordinate Service Rules, 1971 were not in existence at the time of appointment of the petitioner; but, appointment was made by the Selection Committee of the RPSC and, in the appointment order, it was specifically observed that this appointment is on probation of two years and the candidate required to acquire training of open year and his services will be confirmed after acquiring the B.Ed, qualification and upon satisfactory service in the probation period.

(3.) After appointment, the petitioner was granted permission to acquire the B.Ed, training because it was pre-condition in the appointment order for acquiring the said qualification. The petitioner was admitted in the B.Ed. training course for the session 1971-72 and, after appointment, the petitioner was relieved to acquire the said qualification on 17.7.1971 by the Head Master of Government Upper Secondary School, Chittorgarh, The Director, Primary and Secondary Education, Rajasthan, Bikaner granted permission for acquiring such qualification vide communication dated 11.11.1971. After acquiring the B.Ed, qualification, a confirmation order was issued on 20.1.1978 whereby the services of the petitioner were confirmed.