ASHOK KUMAR GAUR,J. - (1.) This joint writ petition has been filed by the petitioners, wherein they have made following prayers in the petition. Prayer:- "By an appropriate Writ, order or direction in the nature thereof thereby direct the respondents to grant the pay scale of the post of school Lecturer to the petitioners No. 1 to 5 and the Pay scale of Teacher Grade-II to the petitioners No. 6 to 8 from the date they are working on this post with all consequential benefits and interest @ 24%, the order dated 2.11.2015 be quashed. By an appropriate writ, order or direction any other order issued by the respondents adversely affecting the legitimate right of the petitioner and prejudicial to his interest may kindly be allowed to be taken on record and be quashed and set aside." The facts pleaded, in the nutshell, are that the petitioner Nos. 1 to 5 had earlier filed S.B. Civil Writ Petition No. 8914/2014 before this Court challenging the action of the respondents to continue them on work in the same pay scale known as "Patey Vetan" arrangement. The writ petition came to be disposed of vide order dt. 27th October, 2014 and the petitioners were asked to file representation before the authorities who were to pass a speaking order after considering law laid down by the Principal Seat, Jodhpur in S.B. Civil Writ Petition No. 6547/2011 (Vijay Kumar Damor and Ors. Vs. The Principal Secretary and Anr.) decided vide order dt. 19th September, 2012. The petitioner Nos. 5 to 8 also filed S.B. Civil Writ Petition No. 7582/2015 along with other candidates and the said petition came to be decided vide order dt. 26 th August, 2015 and again directions were given to to the petitioners to approach the respondents by filing representation. The respondents after considering the representation, filed by the petitioners, disposed of their representation vide order dt. 2nd November, 2015. The respondents rejected the claim of the petitioners holding that the claim of petitioners was not sustainable as regular Departmental Promotion Committee (DPC), for the post of Teacher Grade-I was held from time to time. The respondents further opined that the judgment passed at Principal Seat, Jodhpur in the case of Vijay Kumar Damor and Ors. Vs. The Principal Secretary and Anr. (supra) was in respect of the College Lecturers and Professors-Senior Teachers (Varisth Adhyapak) and such persons being not promoted by DPC, were given benefit and the same principle could not have been applied in the case of the present petitioners. The petitioners have pleaded in the writ petition that since the respondents had asked the petitioners to work on higher post of Teacher Grade-I and II, without salary of such post, the arrangement of "Patey Vetan" is required to be declared bad and the petitioners should be held entitled for the benefits of the higher posts, on which they discharged their duties. Counsel for the petitioners-Mr. Akhil Simlote submitted that the controversy with regard to payment on higher post has been decided by the Principal Seat at Jodhpur in Vijay Kumar Damor and Ors. Vs. The Principal Secretary and Anr. (supra) and the fixation is required to be done in the pay scale of the higher post, on which the persons have been asked to work and as such once the principle of "equal pay for equal work" has been settled, the respondents cannot be permitted to deprive the petitioners from the same benefit. Counsel has also submitted that the similarly situated person namely Mukesh Kumar Meena, who was also working as Teacher Grade-I on working arrangement since 2002, approached this Court to pay the allowances and salary for the post of Teacher Grade-I and the similar controversy ultimately came to be decided by this Court vide order dt. 12th May, 2015. This Court found that non-continuance of the petitioner on working arrangement could be challenged by him before the Civil Services Appellate Tribunal, however, on the issue of payment of salary and allowance for the post of Teacher Grade-I held by the petitioner on working arrangement basis, the State Government was directed to consider the claim for making payment, as payable to Senior Teacher Grade-I in Sanskrit Vyakaran for the duration of the period for which he held the post and the law enunciated by the Principal Seat at Jodhpur in S.B. Civil Writ Petition No. 4300/2015 (Mukesh Kumar Sharma and Anr. Vs. State of Rajasthan and Ors.) was required to be followed. The order passed by the Co-ordinate Bench in the case of Mukesh Kumar Sharma and Anr. Vs. State of Rajasthan and Ors. (supra) is quoted hereunder:- "Consequently, I am not inclined to interfere in the writ petition on the issue of the petitioners' right to continue on working arrangement basis. With regard to the decision of the State Government to revert the petitioners to their substantive post, the petitioners shall be free to agitate the said issue before the Civil Services Appellate Tribunal. As far as the issue of payment of salary and allowances for the post of Teacher Grade-I held by the petitioners on working arrangement basis, it is directed that the State Government shall within a period of three months from today in terms of the law enunciated by the Principal Seat at Jodhpur in the case of Vijay Kumar Damor (Supra) make the payment to the petitioners as payable to Senior Teacher Grade-I in Sanskrit Vyakaran for the duration of the period, they held such post. Amounts already paid will obviously be adjusted. It is further directed that DPC for promotion to vacant posts of Teacher Grade-I be held as per recruitment rules. The writ petition stands disposed of accordingly."
(2.) Counsel submitted that the order passed in the case of Mukesh Kumar Sharma was implemented by the State Government and as such they had issued an order dt. 23 rd May, 2016 by granting benefit with effect from 24 th October, 2002 by fixing the said person on the higher post of Senior Teacher Grade- I.
(3.) Counsel submitted that the impugned order dt. 2 nd November, 2015, has been passed on a wrong premise and the respondents cannot be permitted to discriminate the petitioners qua the other similarly situated employees. Counsel for the petitioners-Mr. Akhil Simlote has also filed an additional affidavit, wherein the details have been given with respect to the working of the petitioners in their own pay scale and further details have been given of regular promotion of the petitioners.;