Arun Madan, J. - (1.) The brief questions with which this court has to address itself in the instant writ petition are (i) as to whether in view the policy of the State Government as indicated in its circular issued by the Finance Department of the State dated 01/06/1970 as per which those teachers who had acquired the Basic Senior Teacher Training (for short "BSTC") qualification during the course of their service tenure w.e.f. 14/09/1961 are entitled to the benefit of two advance grade increments with effect from the said date in accordance with Rule 8(c)(iii) of the Revised Pay Scales Rules, 1961? and if so whether it is open to them to challenge the policy of the State Government as unfolded through Education Department of the State being arbitrary, unjust and illegal since it tends to discriminate the petitioner qua those similarly placed other teachers who though did not possess the "B.S.T.C." qualification initially at the time of joining service, had acquired the same during the course of their service tenure?
(2.) The facts which are relevant for deciding the controversy between the parties briefly stated that are the petitioner was initially appointed on the post of teacher grade III vide order, dated 3.8.1959 at the Government Primary School, Chiplota District Sikar under the administrative control of the District Education Officer, Sikar and he joined his duties on the said post w.e.f. 08.08.1959. At the time of appointment of the petitioner, he was having qualification of matric (10th class) which he passed from the Board of Secondary Education, Ajmer in the year 1959 and was also having additional qualification of diploma in Tailoring which was issued from a recognised Institution. Thereafter the petitioner on the basis of specific permission of the department was sent for training of "BSTC" at the training school, Ramgarh, Sethan and he was relieved from duty for the said purpose on 13.07.1960 and was also granted monthly scholarship of Rs.25/- which he continue to get upto 07.05.1961. Thereafter while remaining at Panchayat Samiti, Khandela on transfer, the petitioner was placed under suspension by the department vide order, dated 27.04.1962 but after the departmental enquiry, since he was exonerated of the charge, he was consequently reinstated in service by an order dated 04.10.1963 in view of his exoneration in terms of order dated 22.01.1968. The Controlling authority of the petitioner was the Panchayat Samiti and Zila Parishad and since he stood transferred to Panchayat Samiti, Khandela vide order, dated 06.01.1972 and thereafter on 12.01.1972 in the office of Inspectorate of Schools which he joined w.e.f. 13.01.1972, the services of the petitioner were again transferred from the Panchayat Samiti to the Education Department of the State Government while remaining in the Middle School, Dhansrole and since then he has been serving in the Education Department of the State Government.
(3.) Subsequently by an order dated 12.01.1997, on the basis of an order issued by the erstwhile department of Panchayat Samiti, Khandela, District Sikar two advance grade increments were granted to the petitioner of Rs.10/- (Rs.5/- each) per month in accordance with the Revised Pay Scale Rules of 1961 by which the petitioner had also exercised his option and which was accepted by the department in accordance with the Rules of 1961. The benefit of the said two advance grade increments w.e.f. 08.08.1962 was conferred on the petitioner since he was BSTC trained teacher which was decided by the department to be given only to those candidates who had completed the said course on or before 14.09.1961 and since the petitioner had obtained the requisite qualification from the relevant date, he was rightly conferred the said benefit of two advance grade increments w.e.f. 08.08.1962.;