Sunil Ambwani, Actg. .J. - (1.) WE have heard Shri Rajesh Sonania and other petitioners, appearing in person. Shri G.P. Mehra, OIC, appears for the State of Rajasthan.
(2.) THE petitioners were appointed on the post of Lecturer/ATPO in Government Polytechnic Colleges in Rajasthan, and have joined together for claiming the arrears of salary from 01.09.1996 to 31.12.1998, and thereafter from 01.01.2006 to 31.12.2008, on the applicability of the revised pay scales, which have been denied to them under Rule 15 of the Rajasthan Civil Services (Revised Pay -scale for Government Polytechnic College Teachers) Rules, 1999; Rule 17 of the Rajasthan Civil Services (Revised Pay -scale for Government Polytechnic College Teachers) Rules, 2001; and Rule 22 of the Rajasthan Civil Services (Revised Pay -scale for Government Polytechnic College Teachers, Librarians and Physical Training Instructors) Rules, 2010 (in short, 'the Rules of 1999', 'the Rules of 2001', and 'the Rules of 2010' respectively). All the petitioners are serving as teaching staff in various faculties in the Government Polytechnic Colleges in the State of Rajasthan. Their service conditions are governed by the statutory Rules made by the State Government on the recommendations of the All India Council for Technical Education (in short, 'the AICTE'). The revision of their pay scales is also governed by the Rules made by the State Government on the recommendations of the AICTE, established by an Act of Parliament for proper planning and co -ordinated development, regulation and maintenance of Norms and Standards in the Technical Education System throughout the country. Consequent upon revision of pay scales based on the recommendations of the Central Pay Commission, the AICTE formulated a revision of pay scales and service conditions for Diploma Level Technical Institutions in the country. The recommendations of the AICTE were sent to the Government of India for approval from time to time. The Government of India, after examining the recommendations, suggested that the revised pay scale and service conditions be circulated for appropriate action.
(3.) IN the present case, the first AICTE notification, on revision of pay scales for the terms and conditions of service of Teachers, Librarians and Physical Education Personnel in Diploma Level Technical Institutions, was issued vide letter dated 09.10.1998 by the Department of Education, Ministry of Human Resource Development, Government of India, and the letter dated 14.01.1999, implementing a Scheme of revision of pay scales of teachers of Degree Level Technical Institution, following revision of pay scales of Central Government employees on the recommendations of Fifth Central Pay Commission. Para 2.3 of the Notification reads as follow: - "2.3 State Government Institutions and Private Aided Institutions: Taking into account the local conditions, a State Government may implement the revised pay -scales from a date later than January 1, 1999 and/or implement pay -Scales other than those given in this notification, but which are not higher than the pay -scales given in Tables (Appendix A -1, 2 and 3). Which the scheme is to be implemented, should be furnished to the All India Council for Technical Education for its approval. The pay -Scales, qualifications and other associated terms as given in this notification shall be applicable to all self -financing (private un -aided) institutions.";