- (1.) AN application seeking early hearing of the petition is preferred. The application is allowed and looking to narrow amplitude of the controversy involved the petition for writ is heard for final disposal at this stage with consent of counsel for the parties.
(2.) AT the threshold it is submitted by counsel for the petitioner that the controversy involved in this petition for writ is no more res-integra in view of the law laid down by this Court in SBCivil Writ Petition No.2458/2003, Harphul Singh & Ors. v. State of Rajasthan & Ors., decided on 3.7.2009. In the case aforesaid a coordinate Bench of this Court allowed pay scale No.9-A of the Rajasthan Civil Services (Revised Pay Scales) Rules, 1998 (hereinafter referred to as "the Rules of 1998") instead of pay scale No.9 of the Rules aforesaid to a Teacher Grade-III though not having requisite qualification to occupy the post concerned. However, having considered facts of the case and the law applicable, I am not inclined to accept the contention made by counsel for the petitioner. The factual matrix on which claim of the petitioner is founded is that while working as Laboratory Assistant in Department of Education the petitioner was declared surplus and was absorbed on the post of Teacher Grade-III under an order dated 7.11.1997. While doing so, her pay was fixed in the pay scale of Rs.1200-2050 (Rs.4000-6000 post revision). The petitioner made a representation to the respondents to allow the pay scale of Rs.4500-7000 (pay scale No.9-A), the pay scale applicable for the Teachers Grade-III under the Rules of 1998. On receiving no response the petitioner preferred this petition for writ.
(3.) A reply to the writ petition has been filed on behalf of the respondents with assertion that the pay scale of Rs.4500-7000 (pay scale No.9-A) is applicable under the Rules of 1998 for the Teachers who are possessing requisite qualification to hold the post concerned and the pay scale No.9 i.e. of Rs.4000-6000 is granted to the Teachers who are not possessing requisite qualification. The petitioner at the time of appointment as Teacher Grade-III by way of absorption was not possessing requisite qualification, therefore, fixation of her pay was made in pay scale No.9 i.e. of Rs.4000-6000. On acquiring necessary eligibility her pay was fixed in the pay scale of Rs.4500-7000 (pay scale No.9-A) under an order dated 22.11.2006. 4. Heard counsel for the parties. It is not in dispute that the petitioner was working as Laboratory Assistant, a post for which pay scale No.9 i.e. of Rs.4000-6000 is applicable under the Rules of 1998. An appointment was accorded to her by way of absorption on being declared surplus from the post of Laboratory Assistant as Teacher Grade-III, a post having the pay scale of Rs.4500-7000 (pay scale No.9-A). The petitioner would have been allowed the pay scale relating to the post of Teacher Grade-III, if she would have been possessing the requisite eligibility to hold the post of Teacher Grade-III, but admittedly she was not possessing the requisite qualification. To meet such eventualities a general note No.14 is given under the pay scales prescribed for different posts in Rajasthan Education and Rajasthan Education Subordinate Service prescribing that "The Laboratory Assistants absorbed on the post of Teacher and who do not possess qualification of STC/B.Ed. shall continue to draw pay in the pay scale of Rs.4000-6000 till they acquire qualification of STC/B.Ed. The senior scale and the selection scale shall be admissible to them as Laboratory Assistants as per these orders." In view of the provision aforesaid the respondents made fixation of the petitioner's pay in the pay scale of Rs.4000-6000 (pay scale No.9) of the Rules of 1998 till acquiring the qualification of STC. The fixation so made is absolutely in consonance with the statute.;