NARENDRA KUMAR CHOBDAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These appeals are directed against the interim orders dated 12.04.2018 and 02.01.2018 passed by the learned Single Judge in which the stay order passed in favour of the appellants/writ petitioners was vacated Mr.M.R.Singhvi, learned Senior Advocate appearing for the appellants in Appeal No.738/2018, Narendra Kumar Chobdar and Ors. Vs. State of Rajasthan and Ors., has submitted that the learned Single Judge has vacated the stay order passed in favour of the appellants on a wrong assumption that the appellants had suppressed the fact about the previous writ petition in the new one. The learned Single Judge has observed that the factum of the filing of the earlier writ petition No.2502/2017 was not disclosed in the subsequent writ petition wherein limited interim order was passed by this Court on 27.02.2017 staying recovery, though in the foot note, a fact has been scrambled by hand that Writ Petition No.2394/2017 was pending. The learned Senior Counsel has taken the Court through Para-15 of the memorandum of the writ petition No.15076/2017, out of which present appeals arise in which it was categorically mentioned that the petitioners have earlier filed writ petition before this Court being SBCW No.2394/2017 and have reproduced the entire prayer thereof.

(2.) There was no question of any concealment. Moreover, learned counsel has submitted that in this connection reference is made to the judgment dated 11.12.2014 passed in D.B.Civil Review Petition No.95/2014, The State of Rajasthan and Anr. Vs. Narendra Kumar Chobdar and Ors. and other connected 6 review petitions.

(3.) In Para 24 of the aforesaid judgment, it was held by the Division Bench of this Court that the UGC pay-scales are not applicable to those teachers. Only those who were directly appointed with Sanskrit Colleges as Lecturers/PTIs/Librarians, were entitled to the UGC pay-scales from the date of their appointment in the Colleges and those teachers who were initially working as Sanskrit teachers and employees in the Schools, therefore, be given UGC pay-scales, only after they had joined the service in the Colleges. The learned Sr. Counsel has submitted that the case of the petitioner would fall in the category of the Sanskrit Teachers who have been granted the UGC Pay-scales from the date of their joining in the Colleges which is evident from Schedule-A appended to the writ petition.