RAJENDRA SINGH SODHA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioners have challenged Rule 38(v) of Rajasthan Panchayati Raj Prabodhak Service Rules 2008 (hereinafter to be referred to as 'the Rules of 2008'). As per this clause (v) the petitioners and other similarly situated Prabodhaks would be governed by the Rajasthan Civil Services (Contributory Pension) Rules, 2005 (hereinafter to be referred as 'new pension Rules of 2005'). The desire of the petitioners is that they should be governed by the old pension rules of the Rajasthan State under the Rajasthan Civil Services (Pension) Rules, 1996 (hereinafter to be referred as 'old pension Rules of 1996). The petitions arise in the following background:-

(2.) Part-VI pertains to appointment, probation and confirmation. As per Rule 33 contained in the said part, a person entering the service by way of direct recruitment against the clear vacancy would be placed as a probationer trainee for a period of two years.

(3.) Part-VII pertains to pay during probation. Rule 37 contained in the said part provides that a probationer trainee appointed to the service by direct recruitment shall be paid monthly fixed remuneration during the period of probation on such rates as may be fixed by the Government from time to time. Rule 37A was inserted subsequently and provides that a Prabodhak appointed as a probationer trainee on fixed remuneration, on successful completion of probation period, shall be granted one increment for every additional 3 years of continuous teaching experience gained before his appointment, beyond the required minimum 5 years of continuous teaching experience without any break, in any recognized educational institution or educational project. Rule 38 pertains to regulations of pay, leave, allowances, contributory pension etc and reads as under:-