GHANSHYAM DASS Vs. STATE OF RAJASTHAN & ANR.

JUDGEMENT

(1.) We have heard the learned counsel for the parties. This appeal is directed against the Judgment dated 24.4.2000 by which the claim of the petitioner-appellant to give the benefit of Rule 26-A of the Rajasthan Service Rules has been denied to him inter alia on the ground that though the benefit of Rule 26-A being already given to the candidates cannot be recovered but no benefit can be given, to those candidates who will avail the benefit in future for fixation of pay under Rule 26-A, notwithstanding amendment in the said rules.

(2.) The case of the petitioner is that he has been clearly entitled to the to benefit of Rule 26A. Further, he stated that some persons junior to the petitioner have been appointed by promotion to the post of Head Master/Principal from the post of Lecturer on 3.9.1990, whereas the petitioner has been promoted to the post of Head Master of Secondary School vide Order dated 15.9.1990 only, after he brought this fact to the authorities. However, he was not promoted w.e.f. the date, the person junior to him was promoted.

(3.) Further case of the petitioner is that amongst persons who have been promoted from the post of Lecturer to the post of Head Master on 3.9.1990, persons junior to him have been considered and appointed by 1 giving the benefit of Rule 26-A and, therefore, his case ought to be considered for promotion w.e.f. the date, the persons junior to him were promoted i.e. on 3.9.1990 and consequently he is entitled to grant the benefit of Rule 26-A as on the date the persons junior to him have been promoted to s the post of Head Master On this premise, he has claimed that his date of promotion be dated back to the date of 3.9.1990 and it is on this premise he has claimed that he is entitled to Rule 26-A of R.S.R., 1951.