KUM DHEEPRADA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner is a graduate and received the B.T. degree of the Agra University in the year 1953. By the order of the Director of Education of the former State of Ajmer dated May 29, 1953 the petitioner was appointed temporarily as Assistant Mistress, Government Girls Middle School, Kekri in the scale of Rs. 100 -250. The petitioner joined her duties Assistant Mistress on June 1. 1953. A few months there after she was promoted as Head Mistress by the order of the Director of Education of Ex -Ajmer State dated August 10, 1953 in the same grade of Rs. 100 -250 with special pay of Rs. 25/ - per month Then by the order of the Director of Education, dated September 14. 1956 the petitioner was promoted as Officiating Assistant Mistress in the Government Central Girls High School, Ajmer in the scale of Rs. 120 -300 It appears that in the former State of Ajmer there were two grades of trained graduates teachers out of which the grade of Rs. 100 -250 was meant for teachers employed in the Government Girls Middle Schools situated in the rural areas while the higher grade of Rs. 120 -300 was admissible to teachers employed in the Government Central Girls High School at Ajmer. Subsequently the petitioner was confirmed on the post of Head Mistress of Girls Middle School in the grade of Rs. 100 -250 with effect from January 1, 1955 by the order of the Director of Education dated October I. 1956 Thus at the time of integration of the former State of Ajmer with the State of Rajasthan on November 1, 1956, the petitioner was holding the post of Head Mistress in a substantive capacity in the Trained Graduate grade of Rs. 100 -250 pertaining to rural areas and was officiating as Assistant Mistress in the Government Girls High School at Ajmer in the grade of Rs. 120 -300.

(2.) THE case of the petitioner is that the respondents Nos. 5,6,7,8,10, 12,14 and 16 to 20 were working in the eatstwhile State of Ajmer in Trained Graduate grade of Rs. 100'250 or equivalent grade but in a temporary capacity and none of them was confirmed in the aforesaid Trained Graduate grade, at the time of integration of the former State of Ajmer with the State of Rajasthan, while the petitioner was confirmed in the said grade. It is on this his is that the petitioner claims to be senior to all the aforesaid respondents. It may also be pointed out that all the other respondents, except the respondents Nos. 7 and 8. Shrimati Munni Devi and Shrimati Prem Kumari, belonged to the Ajmer Unit. The last -mentioned two persons viz., Shrimati Munni Devi and Shrimati Prem Kumari were employees of the pre -reorganised State of Rajasthan and although Smt. Munni Devi has been treated as a reintegration confirmed employee yet both of them did not possess a degree in Education. According to the State of Rajasthan, the respondent's Nos. 7 and 8 were selected by the Rajasthan Public Service Commission for the posts of Social Education Organisers and they had compeleted the training of Social Education Organisers, which was considered as equivalent to B Ed. Degree for the purposes of giving them Trained Graduate grade.

(3.) ON August 22, 1961. the petitioner was appointed as an Officiating Head Mistress of the Government Girls High School at Karanpur and thereafter she continued to hold the post of Head Mistress of a Government Girls High School. The Rajasthan Education Servire Rules, 1970 (hereinafter referred to as 'the Rules') cane into force with effect from May 28, 1970. Proviso (4) to Rule 6 of the Rules made provision to substantive appointment of teachers who were holding posts included in the Service on an officiating or temporary basis for a period of not less than six months of January 1, 1970, after their being screened be a committee constituted under the Rules for adjudging their suitability for the posts held by them. The petitioner was screened by the committee for adjudging her suitability arid as she was adjudging to be suitable, she was appointed as a Head Mistress of a Secondary School in a substantive capacity, although on probation, with effect from July 15, 1970 by the order of the Director of Primary and Secondary education, Rajasthan, dated August 28/29, 1970 Thereafter the petitioner was also confirmed on the aforesaid post of Mead Mistress by the order dated April 26, 1971 as amended be the order dated April 29, 1971. Since then the petitioner is continuity to hold the post of a Head Mistress of a Government Girls' Secondary School.