D.P. Gupta, J. - (1.) THIS writ petition under Article 226 of the Constitution of India has been filed by Bhanwarlal Paltwal, who was initially appointed as a lecturer in Physics in a temporary capacity at the Maharana Bhopal College, Udaipur in the grade of Rs. 200, 400, vide order dated October 9, 1954 In the year 1956 the petitioner was selected by the Rajasthan Public Service Commission hereinafter referred to as 'the Commission' for the post of lecturer in Physics for intermediate colleges in the pay scale of Rs. 200,350 Consequently the petitioner was appointed on the aforesaid post during the year 1956 -57 on a temporary basis by the order of the State Government dated August 17, 1956 Thereafter the Commission by its advertisement No. 32 dated January 18, 1957 invited applications for the posts of lecturers in Physics for teaching Intermediate classes in Degree and Postgraduate colleges. The petitioner applied for the aforesaid post & be was selected by the Commission for the same. The State Government thereupon appointed the petitioner as a lecturer in Physics at the Government College, Kota by its order dated August 7, 1957 on probation for a period of one year. In the endorsement of the aforesaid appointment order of the petitioner to the Accountant General Raj, it was mentioned that the petitioner was appointed in the pay scale of Rs. 200, 400 plus dearness allowance. Later on by the order of the State Government dated August 23, 1958 the petitioner was confirmed on the aforesaid post of lecturer in Physics with effect from August 14, 1958. The case of the petitioner is that one Shri S.P. Bhargava was also appointed as a lecturer in Physics along with the petitioner by the same order of the State Government dated August 7, 1957 and that on the representation mada by Shri Bhargava and other persons like him, the State Government referred their cases to the Commission for adjudgment of their suitability for allowing them the higher grade of Rs. 250 -600, which was admissible to lecturer in Degree and Postgraduate colleges, who were selected for teaching degree and Postgraduate classes. The State Government, on the recommendation of the Commission, appointed some lecturers as officiating Degree lecturers in the grade of Rs 250 -600 with effect from the date they started teaching Degree classes by its order dated September 29, 1966. When the petitioner came to know about the above mentioned order passed by the State Government, he also made representation to the effect that he should also be given the same treatment which, was given by the order dated September 29, 1966 to other lecturers, who were alleged to be similarly situated like the petitioner. The first submission of the learned Counsel for the petitioner is that the State Government should be directed to appoint the petitioner as officiating Degree College lecturer with effect from 14 -8 -1957, the date on which he joined the post of lecturer in a Degree College after he was appointed as such by the order of the State Government dated, August 7, 1957. in the same manner as Shri S.P. Bhargava and other persons were appointed by the order of the State Government dated September 29, 1966, The second submission of the learned Counsel for the petitioner is that the petitioner was senior to the respondents Nos. 2 and 3 Suri R.C. Sharma and Mohan Prakash and therefore, he should have been considered for promotion to the higher posts of Vice Principal and Principal of Degree Colleges along with and in preference to the aforesaid respondents Nos. 2 and 3 The petitioner has also prayed that the appointments of the respondents No. 2 and 3 as Principal or Vice Principal of Degree Colleges by promotion should be quashed.
(2.) THE State Government has contested the writ petition on the ground that the order giving higher grade to some lecturers passed by the State Government on September 29, 1966, was issued erroneously and was being withdrawn I was also stated in the reply to the writ, petition that the respondents Nos. 2 and 3 were senior to the petitioner and that they were rightly promoted to the posts of Vice Principal of Degree Colleges prior to the petitioner. The respondent No. 2 has also, filed a separate reply and has stated that the petitioner was never selected by the Commission for the post of a lecturer in Degree and Postgraduate college for teaching Degree classes and and that the respondents Nos. 2 and 3 were senior to the petitioner even in the category of Intermediate grade lecturers and, therefore, the petitioner could have no grievance it the respondents Nos. 2 arid 3 were promoted as Vice Principle of Degree college prior to the petitioner. In respect of the first contention of the learned Counsel for the petitioner it appears that the Rajasthan Education Service (Collegiate Branch) Rules 1959 (hereinafter referred to as the '1959 Rules') recognised only three categories of lecturers namely: 1. lecturers in Degree and Postgraduate college, 2. lecturers in non -Engineering subjects in Engineering colleges, 3. lecturers in Intermediate colleges.
(3.) THE petitioner was selected by the Commission for the post of a lecturer in Physics for teaching Intermediate classes in Degree and Postgraduate colleges and was also appointed as such by the order of the State Government dated August 7, 1957. Therefore, the petitioner was included in the category of lecturers in degree and postgraduate college, although at the time when the petitioner was initially appointed on the said post, 1960 Rules had not come into force. However, the fixation of the petitioner's salary was to be governed by the Rationalisation of Pay -scale Rules, 1956 (hereinafter referred to as the 1956 Pay -scale Rules') According to the aforesaid Rules, all lecturers, included in the Education Service of the State were divided into two broad categories, namely: (1) lecturers in Intermediate college, to whom the pay scale of Rs. 200.400 was made applicable; and (2) lecturers in Degree and Post -graduate colleges The last mentioned category of lecturers; was further sub divided into two categories namely: (a) lecturers in degree and Postgraduate colleges, selected by the Commission to teach Degree and Postgraduate classes The pay scale of Rs 250 -600 was made applicable to the lecturers included in this category. (b) Remaining lecturers in Degree and Postgraduate colleges, who were placed in the Pay scale of Rs 200.400.;