RANVEER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner who was working as Postal Assistant since 04.07.2010, continued on the said post of the Central Government Postal Department till 19.11.2012 when he resigned from the said post and upon being selected in the services of the State of Rajasthan (Panchayati Raj Department) in the selection process of the year 2013 for the post of Teacher Grade -III, he was appointed with effect from 20.11.2012 on the post of Teacher Grade -III at a fixed monthly honorarium of Rs. 8950/ - for a period of two years probation.

(2.) THE petitioner claimed protection of pay of his earlier post of Postal Assistant in the Central Government, which was higher pay while referring to FR 22 -B(1)(a) and Rule 26 of the Rajasthan Service Rules, which according to petitioner it amounted to 'Technical Resignation' by the petitioner from the post of Postal Assistant in the Head Post Office, Barmer, and upon joining his duties as Teacher Grade -III w.e.f. 20.11.2012 on the very next date of his resigning and relieved from the post of Postal Assistant on 19.11.2012, the petitioner was entitled to the protection of his earlier pay drawn as Postal Assistant in the Central Government department. The representation of the petitioner filed in this regard vide Annex. 10 dated 19.09.2013 to the Block Elementary Education Officer, Panchayat Samiti -Sindhari, District: Barmer, and the reminders thereafter on 31.12.2013 and 03.02.2014, having not been decided by the respondents, has impelled the petitioner to file this writ petition for the following reliefs: -

(3.) LEARNED counsel for the petitioner, Mr. S.P. Singh, also submitted that the Technical Resignation' was given by the petitioner from the post of Postal Assistant as per Rule 13 read with Rule 16 of the FRSR applicable to the Central Government employees and Rule 26 of the Rajasthan Service Rules, 1951. The relevant Rules 13, 16 of FRSR and the Rule 26 of the RSR are quoted herein below for ready reference: -