ALOK SHARMA,J. - (1.) This contempt petition has been filed alleging non compliance of the judgment dated 4-12-2012 in SBCWP No.6416/1997, whereby this court directed the respondents to consider the petitioner's case for the post of Lecturer (Sculpture) by way of promotion or otherwise for reason of his having worked on the post continuously for several years. And in event of petitioner acquiring status of Lecturer (Sculpure) as claimed by him, to accordingly fix him notionally and revise his pension.
(2.) The facts of the case are that the petitioner on 15-11-1979 was appointed by the Director College Education in the Rajasthan School of Arts on the post of Assistant Teacher Gr.III in the pay scale of Rs. 355-570. He was confirmed on the said post on 31-7-1982. The petitioner claimed post retirement in 2010 that no matter what his substantive appointment, he having worked as Lecturer (Sculpure)--a higher post all along was entitled to the benefits of the said post which were being denied to him despite his qualification to hold the post, while others not being qualified were regularised as Lecturer (Sculpure). The petitioner inter alia based his case for regularisation like two others named, as Lecturer (Sculpure) on the notification dated 6-7-2009.
(3.) The respondents reply in opposition to the petitioner's case was that he was substantively appointed as Teacher Gr.III and thereafter was granted annual increments year to year. Further that he did not have the requisite qualification as per the UGC Rules and Regulation for the post of Lecturer (Sculpture) and in any event as a substantive Teacher Grade-III he could not be given the benefit of the notification dated 6-7-2009 limited as it was to temporary employees continuously working appointed on a sanctioned post and for 10 years as of 10-4-2006. Nor could the petitioner be promoted to the post of Lecturer (Sculpure) as it was not in line for promotion for Teacher Grade-III.;