LAXMAN SINGH SHARMA Vs. STATE

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THESE writ petitions have been filed challenging the notification dated 10.4.1995 whereby amendment in Rajasthan Education Service Rules, 1970, (for short Rule of 1970), which was vide earlier notification dated 30.10.1993 made effective from 6.9.1990 was again enforced on 1.9.1988, the date on which such amendment rules were made effective when the original amendment notification was issued on 6.9.1990.

(3.) NOW the question arises as to whether giving retrospective effect to the Amendment Rules of 1990 w.e.f. September 1, 1988 can be upheld ? We have already said in the earlier part of this order that the rule making authority has power to give to the amendment retrospective effect, unless such an amendment affects vested right. So far as rule 2 of the Amendment Rules of 1990 by which sub-rule (2) of rule 23 of the State Service Rules has been deleted and rules 3, 4 and 5 of the aforesaid Amendment Rules of 1990 under which various entries were added in Schedule I, Schedule II and Schedule III and the posts of lecturers were encadred in the State Service Rules, are concerned, we are of the opinion that they do not affect any vested rights of the members of Rajasthan Shiksha Sewa Parishad which claims to represent about 5000 officers of the State Educational Service holding the posts from Group F to Group A. It was as a result of the settlement arrived in between the Association of Lecturers School Education and the State Government that the said amendment was introduced and the lecturers withdrew their agitation in view of the settlement dated October 21, 1988.