- (1.) INSTANT petition has been filed by the ex employee of High Court of Rajasthan who has retired after completion of 36 years of service and has been denied emoluments of the last pay drawn of the post of Controller of Publication held on/which she was promoted after undergoing the process provided under the Rajasthan High Court Staff Service Rules 2002 (Rules 2002).
(2.) THE relevant background facts of the case which are necessary for disposal of instant petition are that the petitioner initially joined service as Assistant Librarian on 22.7.1977 and subsequently promoted to the post of Senior Librarian. By an amendment notification dt. 21.6.2010, u/R. 24 of the Rules 2002 certain posts were included & laying down criteria for promotion to the post and the mode of selection. It may be relevant to quote the extract of the notification dt. 21.6.2010 relevant for the present purpose reads ad infra - - RAJASTHAN HIGH COURT, JODHPUR NOTIFICATION Jodhpur June 21, 2010 No. 8/S.R.O./2010. - In exercise of the powers conferred by Article 229 by A(2) of the Constitution of India, Hon'ble the Chief Justice of the High Court of Judicature for Rajasthan hereby makes the following Rules to amend the Rajasthan High Court Staff Service Rules, 2002 namely - - 1. Short Title and Commencement - - (i) These Rules shall be called as " The Rajasthan High Court Staff Service (Amendment) Rules, 2010. (ii) They shall come into force at once. 2. Amendment of Rules 24 - The Rule 24 (Promotion to posts carrying special qualifications) is substituted by the following - - 24. PROMOTION TO POSTS CARRYING SPECIAL RESPONSIBILITY OR REQUIRING SPECIAL QUALIFICATIONS: - - Notwithstanding anything to the contrary contained in these Rules, following posts carrying special responsibility or requiring special qualifications, promotion to these posts shall be made by selection on the basis of merit: - - 1. Controller of Publication 2. Assistant Controller of Publication 9A Controller of publication -: 14300 -18300(corresponding new pay scale is PB -4, 37400 -67000 grade pay -8700) 13A Assistant controller of publication: 10000 -152000 (kept in abeyance till further order)"
(3.) IN continuation thereof, the rule making authority pursuant to Rule 4, 5, 7 & 22 of the Rajasthan High Court Service Rules, 2002 prescribed the mode of recruitment and qualification for appointment to the various posts. For the post of Controller of Publication, it was prescribed that the post shall be filled by promotion from amongst Assistant Controller (Publication) with seven years' experience & Degree of Law or in the alternative from amongst the High Court staff having Degree of Law and prescribed pay scale for seven years experience in publication of law journal and if no one is found available from the above two cadres, third alternative is to induct from the cadre of Rajasthan Judicial Service (Selection Scale).;