JUDGEMENT
Dr. Vineet Kothari, J. -
(1.) THE present writ petition has been filed by the petitioner on 24.09.2014 with the following prayers: -
"It is, therefore, respectfully prayed that record of the case may be called for an by an appropriate writ, order or direction:
(i). The respondents may kindly be directed to allow the pay scale of Rs. 9300 -34800 with GP 3200/ - to the petitioners on completion of 9 years of service under the ACP Scheme and in accordance thereof, the respondents may kindly be directed to allow all service benefits to the petitioner, with all consequential benefits.
(ii) Any other relief to which the petitioners are entitled, may be granted in his favour.
(iii) The writ petition my be allowed with costs."
(2.) THE learned counsel Mr. Mukesh Vyas appearing for the petitioners submits that similar writ petition namely, S.B. Civil Writ Petition No. 3868/2014 Gopal Lal Joshi & Ors. Vs. State of Rajasthan & Ors. filed before this Court came to be disposed on 01.07.2014 with the following directions: -
"4. In these circumstances, and having heard the learned counsel for the petitioners, the present writ petition is disposed of with a liberty and direction to the petitioners to make a fresh representation in writing to the respondent No. 2, Director, Elementary Education Department, Bikaner, within a period of one month from today in the light of aforesaid submissions, the said authority i.e. Director, Elementary Education, Bikaner is expected and requested to decide the representation expeditiously, preferably within a period of one month thereafter after giving an opportunity of hearing to the petitioners or their authorized representative. If the petitioners are otherwise eligible to be given the benefit of first selection scale counting the period of 9 years from the date re -appointment/regular appointment of the year 2003 as stated in the Column No. 5 of the order (Annex. 4) dated 12.03.2011, the petitioners may be granted that relief at the end of the respondent No. 2, Director, but if, however, the petitioners are otherwise found to be ineligible and not entitled to the grant of said benefit of first selection scale, the said respondent No. 2, Director, will pass appropriate speaking order giving cogent reasons for the same. It is needles to add here that if the petitioners are still aggrieved by adverse order, if any, passed against them, they will be free to avail the legal remedy in accordance with law.
5. The writ petition is, accordingly, disposed of. No costs. A copy of this order be sent to the concerned parties forthwith."
The only prayer made on behalf of the petitioners by the learned counsel in the present case is that while disposing the present writ petition, similar directions to the effect that petitioners may be given liberty to file suitable representation before the respondent District Education Officer regarding grant of selection scales to the petitioners and he may be directed to decide the same by passing the appropriate and speaking orders upon the representation of the petitioners.
(3.) THIS course of action was even otherwise open to the petitioner and there was no need to unnecessarily invoke the writ jurisdiction of this Court for this purpose.;
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