AMARCHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a writ petition under Art. 226 of the Constitution by one Shri Amarchand, a Senior Teacher in the Education Department of Rajasthan, for an appropriate writ, direction or order. The petitioner questions the vires of a portion of the Schedule appended to the Rajasthan Educational Service Rules, 1970, hereinafter to be referred as "the Rules," occurring in Group F thereof whereby the Teachers in Grade II have been placed at par with Senior Teachers for purposes of promotion to the Rajasthan Educational Service. The petitioner prays that this rule be struck down and the Government directed to comply with the provisions of R. 24 of the Rules before making promotions to the Rajasthan Educational Service from the Rajasthan Educational Subordinate Service on the basis of seniority-cum-merit.

(2.) THE petitioner obtained his Master's Degree in Commerce in the year 1952 and his Bachelor's Degree in Education in the year 1959. He entered Government service as a Teacher in the Untrained Graduate Grade after being selected by the Rajasthan Public Service Commission on 15-7-53. This appointment was on probation. THE petitioner came to be confirmed on completion of the period of one year's probation. At that time the Untrained Graduate Grade was Rs. 90 5 120. With the creation of Multipurposes Higher Secondary Schools a new cadre of Senior Teachers was created. Second Class Post-graduates were eligible for appointment as Senior Teachers. THE pay scale of the Senior Teachers at that time was Rs. 200-10-280. EB-350. THE petitioner was appointed as a Senior Teacher on 28 5-55. THE petitioner's appointment, to start with, was in officiating capacity. THEreafter certain posts of Senior Teachers were advertised by the Rajasthan Public Service Commission and the petitioner was appointed a Senior Teacher in the substantive capacity on being selected by the Commission by order dated 15 9 58. At that time the grade of Senior Teachers was Rs. 200-350, which was later on revised to Rs. 200- 400 THE Trained Graduate Grade of Teachers was having a pay scale of Rs. 110-225 and the Untrained Graduate Grade was of Rs. 90-5-140. THEre was revision of pay grades in 1961. THE Teachers were put in three categories, the first one was of Senior Teachers in Grade I. It carried the pay scale of Rs. 225 485 which was again revised in 1969 to Rs. 25-525. THE Second Grade consisted of Trained and Untrained Graduate Grade Teachers. This grade carried pay scale of Rs. 115-300 which was later on revised to Rs. 160 360. THE Third Grade of Teachers which comprised the rest of the Teachers carried the pay scale of Rs. 75 200 in 1961. which was later on raised to Rs. 110-230. THE posts in Grades II and III were outside the purview of the Commission and the appointments could be made by the appointing authority without reference to the Commission. THE channel of promotion for Grade II Teachers was from Grade III Teachers. THEn in 1970 the rules were framed. In 1971 the Governor made the rules known as the Rajasthan Educational Subordinate Service Rules, 1971, hereinafter to be referred as "the Subordinate Service Rules". THE Rajasthan Educational Service consisted of posts arranged in the various Groups as specified in the Schedule thereto. THE post of Headmasters was in Group F and were thus included in the Rajasthan Educational Service. I may read the relevant portion whose vires is challenged: (omitted from report)