Ajay Rastogi, J. - (1.) It is a joint petition collectively filed by nine petitioners with the self same grievance that the amendments made vide different Notifications under various Rules which became applicable to the Government Servants appointed to the civil services on or after 01.01.2004 may not apply to the writ petitioners as they were appointed vide order dt.17.12.2003 (Annex.3) as Lower Division Clerk and became members Rajasthan Subordinate Court Ministerial Establishment Rules, 1986 and date of their joining may not be of any relevance regarding applicability of the amended Rules.
(2.) The facts, in brief, which may be necessary for appreciation are that the post of Lower Division Clerk which is included in the Schedule appended to the Rajasthan Subordinate Court Ministerial Establishment Rules, 1986 to be filled by open selection came to be advertised vide notification dt.06.03.2002, pursuant thereto, the written examination was conducted on 15.12.2002 and the candidates who were declared successful, were called for type test which was held on 16.06.2003 and the select list of successful candidates (main list + reserve list) was declared by the appointing authority and 28 candidates who were in the main list were appointed as Lower Division Clerk vide order dt.03.07.2003. It may be relevant to note that one out of 28 did not join, hence one person from the reserve list was included and given appointment vide Annex.1 and those in the reserve list, 13 in number, including the writ petitioners are appointed vide order dt.17.12.2003 (Annex.2) and this fact has not been controverted that the order of appointment dt.17.12.2003 was dispatched to the candidates on 23.12.2003 which was received by the writ petitioners by & large on 26/27.12.2003 and as the courts were closed due to winter vacations w.e.f. 23.12.2003, the writ petitioners reported to duty on the first opening day i.e. 02.01.2004. The first salary bill of the writ petitioners was passed as usual, however, after publication of the impugned notification dt.14.01.2004, which became applicable to such of the Government Servants who were appointed to the civil services on or after 01.01.2004, the salary bill of the writ petitioners was not cleared and the amount of pension, medical etc. was ordered to be deducted from their salary, in terms of the amendment in the respective Rules, which became the cause of grievance to assail their action by filing of the instant writ petition.
(3.) The State Government has made amendment in various Rules vide its notification dt.14.01.2004 and made it applicable to the Government Servants who were appointed to the civil services of the State on or after 01.01.2004. It may be relevant to take note of such Rules where amendment has been made by the State Government in exercise of the powers conferred by the proviso to Art.309 of the Constitution, which read ad infra:-;