BALIA, J. - (1.) HEARD learned counsel for the parties.
(2.) THE brief facts of the case are that the petitioner was initially appointed under the department of Technical Education in its ITI Wing as Administrator in June, 1971 through study gained in the service. THE petitioner was ultimately appointed by promotion to the highest post under the department of Technical Education as Director, Technical Education on 1st Dec. , 2000 after regular selection on recommendation of D. P. C. against vacant post of Director for year 2000-01. THEre is only one post of Director under the Department of Technical Education and the recruitment and promotion to the various posts under technical education service is governed by the Rajasthan Technical Education Rules, 1973. There is no dispute about the fact that petitioner was regularly selected and promoted to highest post under the Rules of 1973 duly and validly. The dispute is about pay scale to which the petitioner is entitled to as holder of the post of Director, Technical Education, after regular selection against a vacant and permanent post. Under Schedule attached with the Rules of 1973, the post of Director is at the helm of pyramidal structure and is to be filled 100% by promotion from the posts enumerated in it which included (i) Joint Director, Polytechnic Wing and (ii) Joint Director, I. T. I. Wing. The qualification prescribed for eligibility to promotion are common for both streams from which the promotions are common for both streams from which the promotions are to be made to the highest post in the department, namely he should have a degree in any branch of Engineering from a University established by law in India or qualification recognised as equivalent to such a degree by the Government and he should have three years' experience on the post mentioned in Column 5 which has been noticed above. It has further been envisaged that while considering the case for promotion to the post of Director from the eligible persons from different Streams, their inter se seniority amongst persons eligible for promotion shall be determined on the basis of length of continuous officiation after regular selection. The aforesaid scheme of the Rules makes it clear that whatever difference in the mode or method of recruitment up to reaching the post of Joint Director either of Polytechnic Wing or ItI Wing of the Technical Education Department, there is no difference in the matter of selection, status and the quality in functions to be discharged by the Director as Head of the Department whether he is from Polytechnic Wing or from ItI Wing. The post of Director, which as noticed above, is a promotional post from Joint Director and as such is not a teaching post.
(3.) IN this connection, it also needs to be noticed that under the Rules of 1973 the post of Principal, Polytechnic College was initially equivalent and inter transferable with the post of Dy. Director until the Rajasthan Civil Services (Revised Pay Scales for Government Polytechnic College Teachers) Rules of 2001 came into force. Under the rules of 2001 referred to above, the pay scales have been provided for the post included in the Rajasthan Technical Education Service Rules, 1973. It may be noticed that apart from the posts on administrative side namely the Assistant Director, Dy. Director, Joint Director and Director, all the posts of Polytechnic College including its Principal has been included in Rajasthan Technical Education Rules, 1973 including the Directors' posts. It is to be filled 100% by promotion. Two separate channels have been provided namely (i) a person holding the post of Joint Director, Polytechnic College (ii) the Joint Director under the Rajasthan Technical Education Service rules, 1973 and another the Joint Director, INdustrial Training INstitute. It would be relevant here to note that the service of ItI Wing of the Technical Education is governed by the Rajasthan Technical Training Service Rules, 1975 which encaders the various posts in the service and the highest post under the State service is under Rajasthan Technical Training Service Rules, 1975 the post of Joint Director, and apart from the Joint Directors post, no other higher post is encadred under the Rules of 1975. Therefore, the terms and conditions of the post of Director on which the appointment has to be made under the Rules of 1973 alone, there can only be one, and there cannot be, separate pay scale or emoluments provided for the Director on the basis of the different cadre from which the person is ultimately promoted through regular selection against regular vacancy. Selection for promotion from different channels is not separate but only one selection is envisaged from amalgamation of candidates eligible and within the zone of consideration from all feeding channels. ;