VINOD KUMAR RATHOR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed by the petitioners inter alia with the prayer that Rule 14 of the Rajasthan Civil Services (Revised Pay Scale) Rules, 2008 (for short 'the Rules of 2008') be declared ultra vires and unconstitutional, being violative of Articles 14 and 16 of the Constitution of India and the respondents be directed to grant benefit of relaxation, as enumerated under Rule 3 of the Rules of 2008 to the petitioners and they be granted annual grade increment from the date, on which similarly situated persons have been granted, i.e., from 01.07.2010.

(2.) During the course of arguments, Mr. Praveen Poswal, learned counsel appearing on behalf of the petitioners has submitted that he does not press the challenge to Rule 14 of the Rules of 2008 on peculiar facts of this case, provided the State Government is directed to consider petitioners' case for grant of one time relaxation to them.

(3.) Learned counsel has invited attention of the Court towards Rule 3 of the Rules of 2008, where the Governor retains the power to relax the rule in the case of undue hardship in any particular case. Prima facie, we are satisfied that it is a case of hardship, but since the State Government has not examined this matter, we refrain from expressing any further opinion, except requiring the State Government to have the case of the petitioners examined for grant of one time relaxation, so as to consider their case and bring them at par with the Primary Teachers appointed in the same process of selection held in pursuance of same advertisement by granting them one increment, may be notionally, with effect from 01.07.2010 considering that they were actually in service on that date and even prior thereto.