GURVINDER KAUR Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) THE instant writ petition is preferred on behalf of the petitioner Gurvinder Kaur seeking a direction for being paid the regular pay scale meant for primary school teachers. As per the admitted facts on record, it is evident that the petitioner, being a widowed lady, was selected and appointed on the post of Teacher Grade -III after facing a selection process held in pursuance of the advertisement Annex.P/1 dated 9.4.2005.

(2.) AN appointment order Annex.P/2 dated 12.1.2006 was issued appointing the petitioner in the pay scale of Rs. 4500 -7000/ - and the place of posting was mentioned therein as Government Primary School, 7KMM, Nohar. Thereafter, an amended order Annex.P/5 dated 5.4.2006 came to be issued whereby, on the basis of two State Government circulars dated 20.1.2006 and 18.3.2006, the petitioner was relegated to an unspecified fixed remuneration and was posted at Government Primary School, RIICO Area, Panchayat Samiti, Sri Ganganagar. The petitioner is aggrieved of the said portion of the order, whereby she was relegated to a fixed remuneration.

(3.) LEARNED counsel for the petitioner places reliance upon the order dated 28.11.2013 passed by this Court in a bunch of writ petitions led by S.B. Civil Writ Petition No. 9144/2008 (Kalu Ram v. State of Rajasthan & Ors.) and urged that the respondent authorities have acted beyond jurisdiction in directing that the petitioner's pay scale will be governed by the circulars dated 20.1.2006 and 18.3.2006 and thereunder, she will be entitled to fixed remuneration only. He contends that the petitioner was appointed as a primary teacher vide order Annex.2 on regular basis after undergoing a selection process on 12.1.2006 and thus, the conditions of her service cannot be governed by a circular which came into existence subsequently. He submits that applying these circulars on the petitioner's case would imply that the circulars are being given a retrospective effect which is neither warranted nor permissible in law. Learned counsel relied upon the following excerpts of the judgment rendered in Kalu Ram's case (supra): - -