- (1.) By this writ petition, the petitioner, appointed as Lower Division Clerk(LDC) in the Office of the Public Health & Engineering Department, vide Office Order dated 03.06.2006, by the Chief Engineer(Rural), Public Health & Engineering Department, Rajasthan, on probation, has prayed for quashing the Notification dated 13.03.2006, notifying the Rajasthan Service (Amendment) Rules, 2006, to come into force with effect from 20.01.2006, issued by the then Governor of Rajasthan, in exercise of its powers under Proviso to Article 309 of the Constitution of India, by which it is provided that all the Government servants appointed on or after 20.01.2006, on probation, as probationer-trainee, for a period of two years, will be paid fixed remuneration at such rates as may be prescribed by the Government from time to time, and further that after successful completion of probation training, he/she will be allowed minimum pay in the pay scale of the post, and that the period of probation training shall not be counted for grant of annual grade increments. The amendment of the Rules also took away the benefit of leave during the period of probation, except for female probationer-trainees, who are provided to be granted maternity leave as per Rules 103 and 104 of the Rajasthan Service Rules, 1951.
(2.) The writ petition was filed on 24.01.2007, and was directed to be listed after four weeks on 04.05.2007. On 30.07.2007, the notices were issued to the respondents. Dr. A.S. Khangarot, Additional GA, present in the Court, was directed to accept notice. On 09.08.2007, two weeks time was allowed to the respondents for filing reply. A reply was filed on 16.05.2008, after which the the matter has remained pending for last seven years. It was listed before a learned Single Judge on 24.09.2014, who found that since the vires of the Rules is under challenge, in view of Rule 55(xi) of the Rajasthan High Court of Judicature for Rajasthan, 1952, the matter requires to be heard by the Division Bench.
(3.) The State counsel has not cared to appear in the Court despite the names of the Counsels shown in the cause list. Since the matter is an old matter, and in which a counter affidavit has been filed, we are proceeding to decide it on merits.;