RAJENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner, who is serving as a trained teacher Grade III in the State Primary School run by Zila Parishad, Panchayat Samiti at Neem-Ka-Thana District Sikar has filed this writ petition contending inter alia that pursuant to the advertisement issued by the respondent, the petitioner was appointed on compassionate grounds under the (Recruitment of Dependents) Rules ''for short the Rules of 1978'' and the appointment was a regular appointment and hence he was entitled for the regular pay-scale, which was subsequently revised w.e.f. 1.9.86 from the earlier un-revised pay-scale of Rs. 490-940 to Rs. 880-1680 and Rs. 1200-2050 w.e.f. 1.9.88. The petitioner has enclosed the appointment letter dated 5.2.87 vide Annexure-1 and pursuant to the said letter, the petitioner submitted his joining report with the respondents on 5.2.87 itself.

(2.) Subsequently, on 18.4.89, a circular was issued by the Director, Gramin Vikas and Panchayati Raj Department for the grant of minimum salary to the un-trained teachers, appointed on contract basis, a copy of which was sent to all Vikas Adhikaries. In spite of this neither the minimum nor the revised pay-scale was given to the petitioner. It has been further contended by the petitioner that subsequent to his appointment, the petitioner was directed by the respondents to complete the requisite training for obtaining B.Ed. Degree Course within the stipulated period of 3 years w.e.f. from the date of joining the office of the respondents i.e. dated 5.2.87. The said training was to be undergone by the petitioner at his own expenses and responsibility and as in absence of which, the appointment was to be treated as cancelled from the said date.

(3.) It has further been contended by the petitioner that in pursuance of the above, the petitioner obtained the requisite training and passed the B.Ed. Examination in Dec., 1989 through correspondence course from Maharishi Dayanand University, Rohtak. The said university is an established institution and is declared as a university in accordance with Sec. 3 of the University Grants Commission's Act, 1956. A copy of the said certificate is on the record vide Annexure-3. The petitioner passed the said examination by obtaining 467 marks out of 900 and secured second division vide certificate dated 30th Dec., 1989. The said documents were duly submitted by the petitioner with the office of respondent No. 3. That on 12.4.90, the petitioner made a representation to respondent No. 3 with a request for the revision of the pay-scale since in spite of fulfilment of requisite qualifications as per the rules, he had not been fixed in the regular pay- scale as admissible to the teachers in the said Grade vide Annexure-4, dated 21.4.90. It has further been contended by the petitioner that on 21.6.90 respondent No. 3 sent a communication to Secretary/Chief Executive Officer of the respondent for giving revised pay-scale to the petitioner of Rs. 1200-2050.00 to which the petitioner was entitled in accordance with the rules.