PUSHPENDRA SINGH BHATI,J. - (1.) Mr. Prahlad Singh, counsel for the petitioner Mr. Khushal Singh, counsel for the respondents These are two writ petitions preferred by the petitioner seeking relief arising out of her appointment as Teacher Gr. III in the respondent department.
(2.) Since the facts of both the cases are common to a large extent, therefore, this Court deems it appropriate to pass a common judgment in these two writ petitions.
(3.) The petitioner has asked for the following relief in SB Civil Writ Petition No.8517/2002:- "(i) This writ petition may kindly be allowed and by an appropriate writ, order or direction the period from 13.10.1988 on-wards may kindly be ordered to be regularised by treating the petitioner on duty and the respondents may be directed to pay to the petitioner salary from that date till not relieved from Sanganer and the Order dt. 23.5.1991 regarding reposting at Jobner on lower post as Teacher Grade-III even after promotion on the post of Senior Teacher (Grade-II) from Sanganer may kindly be quashed and the respondents may be directed to permit the petitioner to join on the post of Senior Teacher at Government Girls Senior Higher Secondary School, Sanganer until relieved in compliance of the promotion order dated 19.1.1991 from Sanganer for maintaining her status and treat her compulsorily kept under Awaiting posting Order from the date of the promotion order for Senior Teacher and pay her the salary of the said post from the date of her promotion alongwith interest @ 18% per annum on all the arrears of salary w.e.f. October, 1988 and onwards and all consequential benefits given to her juniors. The respondents may further be directed to give to the petitioner entire seniority of Senior Teacher Grade-II. (ii) Any other appropriate order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may also kindly be issued in favour of the petitioner." In SB Civil Writ Petition No.5548/2009, the petitioner has sought following reliefs:- "(i) This writ petition may kindly be allowed and by an appropriate writ, order or direction the impugned order dated 7.5.2005 (Annexure-30) may be declared as illegal and unconstitutional and the same may kindly be quashed and set aside. (ii) The respondents may be directed to reinstate the petitioner in service with all consequential benefits. (iii) Any other appropriate order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may also kindly be issued in favour of the petitioner. (iv) The cost of this writ petition may also kindly be awarded in favour of the petitioner." Brief facts of the case are that the petitioner was appointed as Teacher Gr. III in respondent department in the year 1973. The petitioner was transferred from Government Girls Senior Secondary School, Sanganer to Manji Renwal in the year 1988. The petitioner filed a civil suit before learned Munsif and Judicial Magistrate No.2, Jaipur City, Jaipur on 14/10/1988 upon which the learned Court granted an order of status-quo on 21/10/1988. On 31/10/1988, name of the petitioner was said to be deleted from the record of the school and her salary was also not paid. Being aggrieved of the same, the petitioner preferred a representation to the authorities seeking payment of salary and other benefits. In the meanwhile, the petitioner was promoted on the post of Teacher Gr.II on 19/01/1991. On 23/05/1991, the respondent authority again transferred the petitioner to Jobner for which the petitioner again preferred representations.;