MANJU SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) PETITIONER , who belongs to Other Backward Class category, has filed this writ petition for a direction to declare her entitled to regular pay scale from the date of joining the duties on 19.10.2011, as has been granted to other similarly situated candidates vide Annexure -13, with payment of arrears. Further prayer is made for a direction to respondents to count her seniority from the date the persons lower in merit than her, have been appointed. It is contended that lower meritorious candidates than petitioner, are being paid in higher pay scale whereas the petitioner, who was at higher position in merit, has been fixed in lower pay scale.

(2.) DESPITE selection of the petitioner for the post of Teacher in Elementary Education pursuant to advertisement dated 02.05.2004, she was not given appointment. It was only after success in prolonged litigation, the respondents gave her appointment vide order dated 13.10.2011 and she joined her duties on 19.10.2011. She was ordered to be given fixed salary for two years. The Petitioner represented the matter to the respondent no. 3 that she is entitled to receive regular pay scale from the date of joining as has been done in the cases of other similarly situated candidates, who were appointed in 2006 itself. The respondent no. 3 forwarded the same to the respondent no. 2, which is still pending.

(3.) HAVING regard to the facts of the case stated above, writ petition is disposed of requiring the petitioner to make a representation to respondent no. 1 the Commissioner, Elementary Education, Rajasthan, Bikaner, along -with a copy of this order, who shall, on verifying the fact that petitioner secured higher position in merit list than those candidates who have been granted regular pay scale from the date of their joining, consider and decide the same by a reasoned order within a period of three months from the date of its making, rectifying the aforesaid mistake or give reasons why the petitioner has not been given the same benefit from the date of her joining.