- (1.) The instant special appeals have been filed by the appellant Maharana Pratap University of Agriculture and Technology, Udaipur through its Registrar, Udaipur under Rule 134 of the Rajasthan High Court Rules read with Article 225 of the Constitution of India against the judgment dated 2.9.2015 whereby the learned Single Judge allowed the writ petitions and issued directions to the University to treat the petitioner(s) in regular service and give regular pay scale right from the date of their initial appointment and extend all consequential benefits and salary as per the rules.
(2.) After hearing learned counsel for the parties, it emerges from the facts that all the admissible allowances to the probationers were denied in view of the notification no.F.12(6)FD(Rules)05 dated 13.3.2006 and F.1(2)FD/Rules/2006 dated 13.3.2006 whereby the State Government decided that while making appointment on the posts, the initial recruitment be made as probationer trainee on a fixed remuneration without allowance instead of regular pay scale for the period of two years. Further, it is provided that on successful completion of probation training, the incumbent shall be placed in a regular pay scale and his pay be fixed at the minimum of the pay scale plus admissible allowances. The said notification was challenged by way of filing D.B. Civil Writ Petition No.2963/2007 in the case of Gopal Kumawat Vs.State of Rajasthan & Ors in which the Division Bench of this Court vide judgment dated 29.7.2015 quashed the said notifications.
(3.) The learned Single Judge while following the aforesaid judgment rendered by the Division Bench allowed the writ petitions and granted benefits of regular pay scale right from their initial appointment with all consequential benefits.;