J.L. SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner was working as Fieldsman in the respondent -Education Department of State of Rajasthan. He has now retired. The prayers made in the writ petition are as under:

(2.) PRIMA facie, two departments are independent and the next higher post or pay scale of Education Department would have been relevant for the grant of selection scale in case post on which the petitioner was working and was having stagnation there and no further promotional avenue was available to the said post. Thus it is the ambit and scope of relevant notification dtd. 25.1.1992 also under which such selection grades are given. It was necessary for the petitioner to approach by way of a suitable representation which could be decided by the concerned Authority of the Education Department before the jurisdiction of this Court under Article 226 of the Constitution of India could be invoked by the petitioner. The observations made in the order of the Secretary of Education Department, Annex. P/3 dtd. 1.1.1999 and whether the equivalence of post of Fieldsman in Education Department with Agriculture Supervisor can be made a basis for claiming selection scale of Agriculture Supervisor, is a question yet to be decided by the concerned Secretary of the Education Department. Therefore, this writ petition is considered as premature at this stage. The writ petition is accordingly disposed of with a direction and liberty to the petitioner to approach the concerned Secretary of the Education Department, where he was working and the said Authority is expected to decide such representation by a speaking order preferably after giving an opportunity of hearing to the petitioner within a period of six months from today. If any adverse order is passed against the petitioner, the petitioner can assail the same on valid grounds in appropriate legal remedy and he will be free to avail legal remedy in accordance with law. No order as to costs. A copy of this order be sent to the parties concerned forthwith.