Sandeep Mehta, J. - (1.) HEARD learned counsel for the parties.
(2.) BY way of the instant writ petition, the petitioner has prayed for the following reliefs: - "(i) direct the respondents to allow the petitioner the pension scheme which was applicable on 15.9.2003. To count seniority of the petitioner from 15.9.2003 when similarly situated persons from the merit list have been appointed. (ii) direct the respondents to pay salary of about 8 months i.e. from September 2003 to March, 2004 with six percent interest. It is, therefore, prayed that a declaration may be made that Circular date 28.1.2004 is directory qua the petitioner and as such the petitioner is entitled to receive the benefits arising out of the Rajasthan Pension Scheme Rules, 1996. (iii) Any other appropriate writ order or direction, which this Hon'ble court thinks fit, may kindly be passed in favour of the petitioner. (iv) Cost of the writ petition may kindly be allowed." Facts in brief are that the petitioner passed Physical Training from Laxmi Bai National Institute of Physical Education, Gwalior (for short' referred to herein after as 'the institute') and thereafter applied for the post of Physical Teacher Grade -III in pursuance of advertisement dated 28.7.2003 issued for recruitment to the said post by the Director, Secondary Education, Jaisalmer. The petitioner qualified and was selected for being appointed in the aforestated selection process being the only candidate in the category of Ex -military personnel/OBC. The other persons selected along with the petitioner were given appointment vide an office order Annex.2 dated 15.9.2003, however, the petitioner's mark -sheet was sent for verification to the institute, from where a communication Annex.3 dated 17.12.2003 was received verifying the mark -sheet of the petitioner. Thereafter, the petitioner was issued an appointment order Annex.4 dated 6/7.4.2004. The petitioner was asked to join duties on 21.4.2004 in pursuance to the said order.
(3.) IN the interregnum, the State Government issued a notification Annex.1 whereby a new contributory pension scheme was floated in place of the Rajasthan Civil Services Pension Rules, 1996, which were made inapplicable to the Government servants appointed on or after 1.1.2004.;