- (1.) This writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs: "It is, therefore, humbly and respectfully prayed that this writ petition may kindly be allowed with costs and by an appropriate writ, order or direction, the order dated 2.9.2015 (Annexure-9) may kindly be quashed and set aside, the respondents may kindly be directed to grant the regular pay scale to the petitioners w.e.f. the date of completion of probation period on the post of Teacher Grade III in pursuance to earlier joining under the advertisement issued in the year 2012 with all consequential benefits, the respondents may kindly be directed not to compel the petitioners to undergo probation period again for the same post i.e. Teacher Grade III in pursuance to appointment order dated 21.03.2015, and further, the other service benefits, like regularization, fixation of pay, increments, transfer service book and employee ID be also extended to the petitioners. Any other appropriate writ, order or direction, which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner."
(2.) Learned counsel for the petitioners states that the controversy is covered by the judgment rendered by this Hon'ble Court in Dhanraj Meena Vs. The State of Rajasthan & Ors. (S.B.Civil Writ Petition No.12846/2017 decided on 15.01.2018), relevant portion of which reads as under:- "It may be noticed that the reference made to Rule 24 of the Rajasthan Civil Services (Revised Pay Scale) Rules, 2006, which appears to be incorrect and must be read as Rajasthan Service Rules, 1951. The said judgment in the case of Praveen Kumar Yadav (supra) has been followed in the case of Chandra Kala Saini (supra), which pertains to the same recruitment i.e. recruitment of 2013, wherein, following the judgment in the case of Praveen Kumar Yadav (supra) and quoting the said judgment, it has been observed as under:- "Learned counsel further urged that instant batch of writ applications be also disposed off in terms of the order in the case of Praveen Kumar Yadav (supra), for subsequent to adjudication, a notification has also been issued by the State-respondents in consonance with the adjudication in the case aforesaid on 30th October, 2017, carrying out an amendment in Rule 24 of the Rajasthan Service Rules, 1951. In view of the above; the instant batch of writ applications stands disposed off in the case of Praveen Kumar Yadav (supra), as extracted herein above. Needless to observe that the State-respondents would ensure compliance of this order in letter and spirit permitting the petitioners to join at their respective place of posting, if already not joined, as expeditiously as possible; preferably within four weeks from the date a certified copy of this order is presented. " In view of the specific provision i.e. second proviso to Rule 24 of RSR as well as the judgment of this Court in the case of Praveen Kumar Yadav (supra) and Chandra Kala Saini (supra), the stand taken by the respondents in orders dated 2.9.2015 (Annex.R/1) and 4.12.2017 (Annex.R/2), is without any basis. In view thereof, the writ petitions filed by the petitioners are allowed, as the petitioners have already been relieved pursuant to the interim orders passed by this Court, the said interim orders passed by this Court directing to relieve the petitioners are made absolute. It is further directed that the respondents while dealing with the cases of the petitioners pertaining to their pay fixation etc. would follow the provisions of Rules 24 and 26 of the RSR as per law. In cases where the petitioners have been relieved provisionally under the directions of this Court, the Authorities would pass appropriate orders pertaining to relieving of the petitioners alongwith their last pay certificate (L.P.C.), where they were serving earlier."
(3.) Learned counsel for the respondents refuted the aforesaid submissions made on behalf of the petitioners on the ground that the petitioners had earlier preferred the writ petition, which was covered by the judgment rendered by this Hon'ble Court in Saroj & Ors. Vs. State of Rajasthan & Ors. (S.B.Civil Writ Petition No.2490/2015 decided on 22.05.2015).;