Vineet Kothari, J. - (1.) THIS writ petition has been filed by the petitioners on 01.02.2011 with the following prayers: - "It is, therefore, humbly prayed that this writ petition may kindly be allowed and by issuing an appropriate writ, order or direction: 1] The impugned order Annx. P/10 dated 29.01.2010 and Annx. P/11 dated 31.04.2010 may kindly be ordered to be declared unjust, arbitrary and illegal, to the extent of fixing next date of increment for petitioner and other Upper Primary Teachers in July 2011; 2] the respondents may kindly be directed to treat probation period of the petitioners -Upper Primary Teacher also to have completed in September 2009, like similarly situated Primary Teachers and consequently, his next date of increment should also be fixed in July 2010; with all consequential benefits thereof; 3] The costs of this writ petition may kindly be awarded in favour of the petitioners. 4] Any other writ, order or direction which your Lordship may deem just and proper in the facts and circumstances of the case, may also kindly be issued in favour of the petitioners."
(2.) THE petitioners were offered appointment on the posts of Upper Primary Teachers in pursuance of the selections conducted by the respondent Rajasthan Public Service Commission ('RPSC') in the year 2007 under the advertisement dated 30.10.2006 and they were given their first annual grade increment w.e.f. 01.07.2011 vide impugned order Annexure -P/11 dated 31.04.2010 and Annexure -P/10 dated 29.01.2010. The case sought to be made out by the petitioners in the present writ petition is that similarly situated Upper Primary Teachers, who were offered appointment in the month of September, 2007, and who were the persons in the same selection process conducted by the respondent RPSC but were given appointment at prior point of time w.e.f. 25.09.2007 in the pay -scale of Rs. 5200 -20200 with grade pay of Rs. 2800 under the Revised Pay Rules, 2008 and after completion of probation period of two years, they were given annual grade increment w.e.f. July 2010 whereas, the process of counselling of the present petitioners was started after some time and they were given appointment in the month of January, 2008, on 15.01.2008 and on other different dates of January, 2008 vide Annexure -P/10 and Annexure -P/11 and accordingly, they were accorded their annual grade increment w.e.f. July, 2011. Being aggrieved against the same and while claiming parity with the similarly situated persons, the petitioners have filed the present writ petition with the prayers quoted herein above.
(3.) THE learned counsel for the petitioners Mr. Mukesh Rajpurohit submitted that as per Rule 22 read with Rule 29 of the Rajasthan Service Rules, the petitioner are also entitled to be given annual grade increment w.e.f. July 2010 because they have been selected in the same process of selection conducted by the respondent RPSC in the year 2007 but merely because they have been given appointment later on after five -six months than the other candidates, therefore, their annual grade increment month cannot be postponed by one year further and, therefore, it was prayed that suitable directions be given to the respondents for giving the annual grade increment to the petitioners w.e.f. July 2010 and not w.e.f. July 2011 as has been sought to be done by the impugned orders Annexures -P/10 and P/11.;