Ajay Rastogi, J. - (1.) THIS joint writ petition has been filed by the Petitioners with the grievance that ad -hoc services rendered by them as Lecturer in College Education be reckoned and considered for the purpose of fixation in the revised pay -scale rules which came into force from time to time. However, it has been informed to this Court that as to whether their ad -hoc service is to be counted for the purpose of fixation of pay or not, is the subject matter pending before the Division Bench.
(2.) COUNSEL for Petitioners further informed to this Court that at one point of time the same issue arose before the Division Bench in D.B. Civil Special Appeal (Writ) No. 999/2001 along with one other appeal which was decided on 15.01.2002 and it was held that Lecturers/members of teaching faculty are entitled of their ad hoc services to be counted for the purpose of fixation of pay in the revised pay -scales as and when made admissible and the Special Leave to Appeal preferred by the State of Rajasthan was also rejected by the Hon'ble Supreme Court. However, in few matters special appeals have been preferred by the State of Rajasthan which are pending adjudication before the Division Bench of this Court. Counsel for Petitioners for grant of interim relief submits that the only dispute pending for consideration is as to whether ad -hoc services rendered by the Petitioners as Lecturer/members of teaching faculty is to be reckoned for the purpose of fixation in the revised pay -scale rules made applicable from time to time. However, submits that at least as interim relief the Petitioners are entitled for fixation of pay in terms of 6th Pay Commission which came into force w.e.f. 01.01.2006. At least they are entitled to get as interim measure from the date they had been regularly appointed after being screened by the committee constituted by the State Government vide order dt.30.09.1995 and schedule A and B annexed with the writ petition discloses the date on which they were appointed on regular basis and submits that their fixation may be made subject to final decision of the writ petition as well as D.B. Special Appeal preferred by the State of Rajasthan.
(3.) COUNSEL for Respondent on the other hand submits that once the dispute is pending before the Division Bench what has been prayed for by the Petitioners tantamounts to final relief and can be examined only at the stage when the matter is taken up for final hearing.;