RAJASTHAN PRATHMIK AND MADHYMIK Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE short controversy involed in this writ petition is that the petitioners are untrained Ill -grade teachers. They were getting the minimum pay of Rs. 105/ - in the Rajasthan Civil Services [New Pay Scales) Rules 1969. When the Rajasthan Civil Services (Revised New Pay Scales) Rules, 1976 (for short the Rules) came, into force, these untrained teachers who were already in service and were getting a fixed salary of Rs. 105/ - were fixed at the minimum of the pay scale i.e. at Rs. 300/ -. It was further provided that those teachers who were freshly recruited and have not acquired the degree of B.Ed, or any equivalent degree will be fixed at the minimum of the pay scale of Rs. 300/ -but those who were freshly recruited but are trained i.e. if they have acquired the degree of B.Ed. or Shiksha Shastri or any other degree which is treated as equivalent to B.Ed. will be fixed at Rs. 375/ -. It Was provided in the Rules that those persons who are continuing in service as untrained teachers or who are recruited as untrained teachers and are fixed at the minimum of the pay scale i.e. Rs. 105/ - per month will be given advance increments as and when they become trained i.e. they acquired the degree of B.Ed. or any equivalent degree. Something came to be provided in the Rajasthan Civil Services (Revised Pay Scales) Rules, 1983 (hereinafter referred as the 'Rules of 1983) and it was provided that the untrained Illrd Grade Teachers will be fixed at the minimum of the pay Grade of 490 -840, but those who are trained will be fixed at a higher initial pay of Rs. 510/ -. This benefit was allowed to all those persons who acquired the degree while they were in service. Even in the 1976 Rules it was provided that those who are in service and are untrained will be fixed at the minimum of the pay scale of Rs. 300/ - till they are trained. For the freshly recruited Illrd Grade Teachers, it was provided that on recruitment they will be fixed at Rs. 300/ - till they are trained. However, the Rule framers have omitted to provide what they will get if they become trained during the period when the Rules of 1976 were in force. The short contention of Mr. Mridul is that prior to the coming into force of the Rules of 1976, all those Illrd Grade Teachers' who were getting a fixed salary were given the benefit of advance increments or higher fixational of salary as becoming trained while in service and the same benefit was extended to them when the Rules of 1983 came into force. It was the intention or the Rule framers that those teachers who are either recruited as untrained teachers or are continuing in service as untrained teachers must be given benefit of the training and therefore, it was provided in the Rules that they will get the fixed salary of Rs. 300/ - untill they become trained but they omitted to provise what benefit will be extended to them after they become trained and, therefore, Mr. Mridul has submitted that these persons who are continuing in service as untrained teachers at the time when the Rules of 1976 came into force or who were recruited as untrained teachers during the currency of the Rules of 1976 should be given the fixational benefit of Rs. 75/ - as and when they get themselves trained. This request is not seriously opposed by Mr. Vyas the learned Addl. Advocate.

(2.) MR . Vyas has submitted that may be, that the Rule framers initially wished to grant some benefit to the trained teachers but when this has not been provided by the Rules, the Court should not take upon itself the responsibility to legislate and therefore no such benefit should be extended to them.

(3.) IN the result this writ petition is allowed and it is ordered that those untrained Illrd Grade Teachers who were continuing in service at the time when the Rajasthan. Civil Services [Revised New Pay Scales) Rules 1976 came into force or who were recruited as untrained Illrd Grade Teachers during the currency of the Rules at 1976 and who were fixed at the fixed salary or Rs. 300/ - will be fixed at the minimum of Rs. 375/ - per month form the date they got themselves trained i.e. they acquired the degree of B.Ed. Shiksha Shastri or any other equivalent degree held as equivalent to B.Ed. and will further be entitled to all consequential fixational benefits flowing therefrom. The State Government is directed to extend these fixational benefits to them including the arrears of the payment within a period of 6 months from today. The writ petition stanas disposed of accordingly on merits.