BHANDARI,J. - (1.) THE matter/s have come up on application for J vacation of stay order, however;, with the consent of learned counsel for both the parties, the matters are heard finally.
(2.) LEARNED counsel submits that petitioners are erstwhile employees of a private educational institution, which was taken over by the Government sometimes in the year 2009. As per the Rajasthan Civil Services (Appointment and Other Services Conditions of Employees of Private Institutions And Other Establishments Taken Over By The Government) Rules, 1977 (for short "the Rules of 1977"), the petitioners were given fresh appointments and benefit of past service has been denied for grant of selection scale pursuant to the Circular dated 25.01.1992. Similarly placed candidates have been allowed benefits of selection scale by counting their length of service from the date of their initial appointment in the private educational institution. The action of the respondents to deny similar benefit to the petitioners becomes discriminatory in nature, hence, the respondents may be commanded with the directions to award benefit of selection scale to the petitioners on completion of 9, 18 and 27 years of service by counting their length of service from initial date of appointment in the private educational institution. A reference of Rule 5(3) of the Rules of 1977 has been given to show that previous service is to be counted for the purpose of promotion and other benefits in service. The respondents have taken erroneous interpretation of Rule 5(3) of the Rules of 1977 and thereby denied the benefit of selection scale to the petitioners. Learned counsel appearing for the State Government submits that Rule 5(3) of the Rules of 1977 is very clear in its term. Rule 5(2) of the Rules of 1977 provides that on taking over the private educational institution, a candidate would be treated as fresh recruitee and accordingly, as per Sub-rule 3 of Rule 5 of the Rules of 1977, he has not been made entitled for benefit of i seniority by counting his past service, rather seniority is to be determined from the date of his recruitment in the government institution. No candidate has been given benefit of selection scale contrary to Rule 5 (2) and (3) of the Rules of 1977 and even if somebody has been given benefits contrary to the Rules, this Court may not perpetuate the illegality.
(3.) I have considered the submissions made by learned counsel and scanned the matter carefully.;