SUNIL AMBWANI,.J. - (1.) WE have heard learned Advocate General and learned counsel appearing for the respondents. Mr.Pradeep Sen, Principal Secretary, Sanskrit Education Department, Government of Rajasthan has appeared in person and has also addressed the Court.
(2.) THE review application is reported to be delayed by 1040 days.
(3.) IN the application under section 5 of the Limitation Act duly supported by affidavit and additional affidavit, it is stated that the Librarians and Physical Training Instructors (PTI) in the Sanskrit Education Department, Government of Rajasthan had filed S.B.Civil Writ Petition No.9269/2010 (Narendra Kumar Chobdar and ors. V/s State of Rajasthan and others decided on 18.1.2011) claiming pay scales equal to Librarians and PITs, ordinary scale, senior scale and selection grade, with effect from the date when the same was made available to the Librarians and PITs working in the Government Colleges with effect from 1988, and thereafter, with effect from 1.1.1996 and also claimed consequential benefits including arrears and interest. During the pendency of the Special Appeal, the compliance of the order of Single Bench dated 18.1.2011 passed in S.B.Civil Writ Petition No.9269/2010 was made, subject to the decision of the Special Appeal. The Special Appeal was dismissed by the Division Bench vide judgment dated 25.7.2011. Since the order of Single Bench was already complied with by the review -petitioners, the State did not agitate the matter further and order was passed on 1.11.2013 giving the benefits of initial pay scale to the Librarians and PTIs from 1.1.2006 notionally. The actual benefit was granted from the date of filing of the writ petition. In contempt petition no.205/11, Narendra Kumar Chobdar and ors. V/s Shri Ashok Sampatram and ors., an order was passed by learned Single Judge of this Court on 21.4.2014 punishing the opposite -parties for non -compliance of the order of the High Court. Since the compliance was already made vide orders dated 27.6.2011 and 1.11.2013, which was not found by the High Court to be complete compliance, considering the matter for clarity of directions issued by the Court, it was decided in Kalicharan Bhattacharya's case and in respect of which clear directions were not given and that the writpetitioners, who were in any case not entitled to arrears, prior to their joining of the Colleges for applicability of the UGC pay scales, the State was advised to file a review petition to review the judgment dated 25.7.2011 passed by the Division Bench and that of learned Single Judge, from which the Special Appeal had arisen, for a clarification.;