Mohammad Rafiq, J. - (1.) PETITIONER was initially appointed on the pot of Lecturer in Political Science subject on 17.09.1979 in S.K.S. Girls College, Sikar. Thereafter, she was duly selected by the Rajasthan Public Service Commission and on 04.11.1982 she joined her services in MSJ Government College, Bharatpur. Before her selection by the RPSC, she had rendered her services from 25.09.1979 to 03.11.1982 in S.K.S. Girls College, Sikar, and on 04.11.1982 she joined her service in MSJ Government College, Bharatpur, thus there was no break in her service.
(2.) THE University Grants Commission framed career advancement scheme for Lecturers working in Universities and Colleges, whereby benefit of senior scale and selection grade is to be given to them on completion of specified period of service. Guidelines were also issued by the UGC that period of temporary service rendered by the person will also be counted before giving the benefit of senior scale and selection grade. Grievance of petitioner is that she has been given the senior scale and selection grade without counting the period of service rendered by her before regularization of service. Contention of learned counsel for petitioner is that a similar controversy arose in Writ petition No. 8288/2005 - -Dr. Nirmala Jain and others Vs. State of Rajasthan, which came to be decided by a coordinate bench of this court vide judgment dated 04.07.2011. In the said case, the court dealt with earlier single bench judgment dated 14.09.1994 in Writ Petition No. 3540/1992 - -Dr. Suresh Chand Agarwal Vs. State of Rajasthan and Others. The aforesaid judgment was upheld by the Division Bench and is recently being upheld by the Supreme Court vide its order dated 10.03.2011, whereby the Special Leave Petition filed by the Government has been dismissed. The same controversy was thereupon decided in the case of Dr. (Mrs.) Uma Sharma Vs. State of Rajasthan and Others in Writ Petition No. 744/1998. Recently a Special Appeal No. 6272/2009 has been dismissed by the Division Bench of this Court vide its judgment dated 06.05.2011 relying upon the decision in Dr. Suresh Chand Agarwal, supra, and also the case of Dr. Ram Krishna Agarwal. In Dr. Nirmala Jain, the court held that the petitioners are entitled for the benefit arising out of the circular dated 18.01.1991 issued by the Government, more specifically the clarification in para 2 of the said circular where no distinction has been made in regard to the nature of management of the institution about the private/temporary.
(3.) HAVING regard to the facts of the case, writ petition is disposed of requiring the petitioner to make a representation to respondent no. 2 - -the Director/Commissioner, College Education, Government of Rajasthan, Jaipur, along -with a copy of this order, who shall, after verifying the facts, consider and decide the same by a speaking order within a period of two months from the date of its making, addressing the grievance of the petitioner for grant of benefit of senior and selection scales under the career advancement scheme from the date of her initial appointment by counting her entire length of service and other consequential benefits in the light of decision in Dr. Nirmala Jain, supra, and Circular dated 18.01.1991.;