GOPAL KRISHAN VYAS, J. - (1.) IN this writ petition filed under Articles 226 and 227 of the Constitution of INdia, the petitioner is challenging impugned order dated 11.7.2005, passed by the Principal, Government Senior Secondary School, Udai Mandir, Jodhpur and order dated 25.7.2005, fixation order Annex.P/12 and prayed that both orders maybe quashed and set aside and respondents may be directed to allow the pay and other emoluments to the petitioner as if both the above orders were never passed and, further, it is prayed that impugned order passed by the Rajasthan Civil Services Appellate Tribunal dated 11.9.2006, Annex.P/3 may be quashed so far as it relates to granting relief to the petitioner up to the date he has forgone his promotion and prayer made in the appeal may be allowed with cost.
(2.) AS per facts of the case, the petitioner entered in the government service on being appointed as Teacher Grade III in Urdu subject vide order dated 18.6.1976. The petitioner acquired B.S.T.C. training course with due permission of the department and also prosecuted higher studies of Master's Degree in Urdu subject in the year 1988. The State Government granted selection scale to the government employees vide notification dated 25.1.1992 and, in pursuance of that, the petitioner was allowed first selection scale with effect from 1985 vide order dated 23.9.1994 and second selection scale after completion of 18 years of service vide order dated 23.9.1994. The petitioner was promoted as Teacher Grade-II (General) vide order dated 11.5.2000 but not as Teacher Grade-II (minority language) whereas the petitioner being appointed as Urdu teacher was aspirant for promotion as Teacher Grade-II in Urdu subject. For the said reason, the petitioner filed an application before the authorities that as per his appointment on the post of Teacher Grade-Ill in Urdu subject he is entitled to be promoted as Senior Teacher in Urdu subject, therefore, he will not join the promotional post as Grade-II and his legitimate claim of promotion is on the post of Senior Teacher in Urdu subject, therefore, he may be permitted to forgo the promotion opportunity under protest.
(3.) IN the aforesaid circumstances, the petitioner did not join the promotion post and petitioner and two other incumbents preferred an appeal before the Rajasthan Civil Services Appellate Tribunal, Jaipur to promote them on the post of Teacher Grade-II in minority language. Said appeal was registered as Appeal No. 526/2000. The appeal so filed by the petitioner and two other incumbents for granting promotion on the post of Teacher Grade-11 in minority language was however rejected vide order dated 27.8.2002; but, while rejecting the appeal, it was observed in the order dated 27.8.2002 that appellants are specialists of minority language, therefore, the respondents should take care to post them in any school where the minority language in which the appellants are experts are taught. But, unfortunately, despite representation filed as per observations made by the Tribunal no steps were taken by the respondents till 2005 to post the petitioner in an institution where the minority language was taught. . Thereafter, petitioner was allowed to draw salary which he was drawing after granting second selection-scale but, all of a sudden, an order was passed on 11.7.2005 by respondent No.3 whereby the petitioner was informed that as per audit objection he has not availed the opportunity of promotion, therefore, in view of the Finance Department order dated 4.12.1996 the second selection-scale which is allowed after completion of 18 years of service is not permissible with effect from the date he has forgone the promotion, as such the second selection scale is to be withdrawn and recovery will be made from his salary.;