MAHENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS matter was directed to be put up for final hearing by order dated 17. 7. 1992. THIS is bow the matter has come up today before me for final hearing and disposal.

(2.) THE facts of this case are not very much in dispute. Mahendra Singh passed his intermediate examination in the year 1955 from the Board of High School and Intermediate Education, Uttar Pradesh (Annx. 1 ). THE petitioner obtained his certificate of Montessory Training from the Association Monte-ssori International in the year 1958 (Annx. 2 ). THE petitioner initially joined service as Teacher in Nehru Bal Mandir. Rajgarh where he worked upto 1967. In the year 1967, the petitioner was appointed as Assistant Teacher in Gr. III in Bal Niketan School (respondent no. 3) with effect from 25. 7. 1967. Resnondent no. 3 is a society registered under the Societies Registration Act Tt is an aided school and gets aid from the Government to the extent of 90% of its expenditure and is governed by the provisions contained in the Grant in Aid Rules, 1963.

(3.) I have considered the rival contentions and have perused the record. The question of eligibility of the petitioner for appointment to the post of Teacher Gr. Ill should have been examined when the petitioner was initially appointed and when the petitioner was initially granted relevant pay scale. It is to be noticed that the petitioner entered service as back as on 25. 7. 67. Thereafter, the petitioner's pay was revised in the Revised Pay Scales Rules 1976. The authorities slept over the matter in the style of Rip Van Winkle and did not challenge the eligibility of the petitioner to be appointed as Teacher Gr. III. It was for the first time in the year 1984 that the respondents were aroused from their deep slumber. It appears that for the first time, it was on Annx. 3 being submitted that an Assistant Accounts Officer in the office of the Deputy Director. Education Department (women), Jodhpur raised an objection regarding the recognition of the qualification of the petitioner. For fixation under the relevant rules, this question was not at all germane. Rule 7 of these 1983 Rules specifically lays down that an employee electing a revised pay scale is entitled to be fixed in the revised pay scale on the basis of the salary he was drawing immediately prior to 1. 9. 1981. Rule 11 of these 1983 Rules deals with fixation of initial pay in the revised pay scale. Rule 12 of 1983 Rules deals with the increment admissible to such an employee. I have gone through the 1983 Rules, Nothing in these Rules lays down that the question of eligibility of an employee at the time of initial appointment could be reopened or could be taken into consideration. The same appears to be the position under the Rajasthan Civil Services (Revised Pay Scales) Rules, 1987 and the Rajasthan Civil Services (Revised Pay Scales) Rules, 1989.