PRAKASH CHATURVEDI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner is a Lecturer in Lal Bahadur Shastri College, Jaipur, which is receiving grant-in-aid from the Government of Rajasthan THE petitioner has filed this writ petition by way of public interest litigation for and on behalf of a large number of college teachers who are employed in non-government colleges, whether receiving grant-in-aid from the Government or not.

(2.) D. B Civil Writ Petition No. 443/87 was filed on behalf of the Rajasthan University and College Teachers' Association, which was decided by this Bench vide its order dated 16. 12. 1987. While allowing that writ petition, the following directions were given: - "in the result, this writ petition is allowed, with the observations made above. The teachers of the colleges receiving grant-in-aid are entitled to the same pay and allowances and service conditions etc. as are admissible to the persons employed in government colleges. It is expected that the Government will try its level best to see that such a legislation governing the non-government educational institutions is enacted at an early date. "

(3.) THE Government in its reply has stated that the order of this Court dated 16. 12. 87 in Writ Petition No. 443/87 deals with the case of college teachers of non government colleges receiving grant-in-aid from the government and does not deal with the cases of teachers employed in colleges not receiving grant-in-aid. THE State Government has produced Annexure R-l, order No. F. 11 (16) Edu. Gr. V/88 dt. 6. 8. 88 which runs as under: - "government of Rajasthan Education (Gr. V)Deptt. No. F. 11 (16) Edu. Gr. V/88 Jaipur, dt. the 6th Aug. '88 Order Sub: Grant of Revised U. G. C. Pay Scales to the teachers of the Non Government aided Colleges/institutions. THE Governor has been pleased to order that the scales of pay for the teaching staff of the non-government aided educational colleges, who are drawing pay in the scales of pay prescribed vide this department order No. F. 3 (19) Edu /gr. 111/77 dated 5. 4. 1978, in terms of this order may be revised w. e. f. 1. 1. 1986 as are admissible to the teachers of the Government colleges in accordance with Rajasthan Civil Services (Revised Pay Scales for Government College Teachers) Rules, 1988 issued vide Finance Department Notification No. F. 19 (l) FD (Gr. 2)/88-T, dt. 3. 6. 88 (Copy enclosed ). THE pay in the revised scales of pay shall be fixed in the manner indicated in the aforesaid rules, Other provisions contained in these rules shall also be followed wherever relevant. THE revision of the scales of pay as above shall be subject to the following conditions: - (1) THE arrears for the period upto December, 1986 resulting from the revision of the pay scales shall be credited to the respective General Provident Fund Account of the employees. (2) Conditions prescribed in this department order No. F. 3 (19) Edu/gr. 111/77, dt. 5. 4. 1978, will be applicable, wherever relevant; and (3) Dearness allowance shall be admissible on the pay in the Revised Scales of Pay in terms of Finance Department Order No. F. 19 (l) FD (Gr. 2)/ 88-01 dated 3. 6. 88. This issues with the concurrence of Finance Department (Gr. 2) vide their I. D. No, 1305 dated 1/19 7. 1988. End. 14 By order Sd/- (P. C. Jain) Special Secretary to the Govt. "