Om Prakash Soni vs State And Ors
2022 Latest Caselaw 13009 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 983/2015 Suraj Karan Yadav S/o Shri Ram Narayan Yadav, Caste-Yadav, Aged-58 years, R/o Plot No.65 Majhila Road, Shivaji Nagar, Madanganj, Kishangarh, District- Ajmer (Rajasthan). (Hall School Lecturer, Department of Secondary Education, Rajasthan).

----Petitioner Versus

1. The State of Rajasthan, through the Secretary, Department of Education, Government of Rajasthan, Jaipur.

2. The Commissioner, Department of Secondary Education, Government of Rajasthan, Bikaner.

3. The Joint Commissioner (Personal), Department of Secondary Education, Government of Rajasthan, Bikaner.

4. The District Education Officer, Secondary Education, Ajmer (Rajasthan).

----Respondents Connected with S.B. Civil Writ Petition No. 8042/2016 Om Prakash Soni S/o Shri Jawan Mal Ji, Aged-60 years, R/o 29 Naiyo Ki Dhall, Pali Marwar, Rajasthan. [Hall; Retd. Addl. District Education Officer (Education Cell), Pali, Rajasthan].

----Petitioner Versus

1. The State of Rajasthan, through the Secretary, Department of Education (Group-I), Government of Rajasthan, Jaipur.

2. The Commissioner, Department of Secondary Education, Government of Rajasthan, Bikaner.

3. The Joint Commissioner (Personal), Department of Secondary Education, Government of Rajasthan, Bikaner.

4. The District Education Officer, Secondary Education, Pali (Rajasthan).

----Respondents S.B. Civil Writ Petition No. 1003/2017 Smt. Surendra Joshi W/o Shri Sunder Lal Ji Joshi, Caste- Brahmin, R/o C/o Roma, Tilak Nagar, Pali, Rajasthan. (Hall: Retd. School Lecturer (Pol. Science), Department of Secondary Education.

----Petitioner Versus

1. The State of Rajasthan, through the Secretary, Department of Education, Government of Rajasthan, Jaipur.

2. The Commissioner, Department of Secondary Education, Government of Rajasthan, Bikaner.

3. The District Education Officer, Secondary Education, Pali Raj..

----Respondents S.B. Civil Writ Petition No. 2131/2017 Smt. Manju Sankhla W/o Shri Vithalbhai Ji Sankhla, Caste Mali, R/o 211, Bapu Nagar Extension, Pali-3064001, Rajasthan. (Hall: Retd. School Lecture (Pol. Science), Department of Secondary Education, Rajasthan).

                                            (2 of 4)              [CW-983/2015]


                                                                ----Petitioner
                               Versus

1. The State of Rajasthan, through the Secretary, Department of Education, Government of Rajasthan, Jaipur.

2. The Commissioner, Department of Secondary Education, Government of Rajasthan, Bikaner.

3. The District Education Officer, Secondary Education, Pali Raj.

----Respondents S.B. Civil Writ Petition No. 7168/2021 Dau Lal Sharma S/o Shri Bhika Lal Ji Sharma, Aged About 76 Years, B/c Brahmin, R/o Shrimaliyon-Ka-Chowk, Balotra, District Barmer, (Rajasthan) (Hall: Retd. School Lecturer (Commerce), Department of Secondary Education, Rajasthan).

----Petitioner Versus

1. The State of Rajasthan, through the Secretary, Department of Education, Government of Rajasthan, Jaipur.

2. The Director-Cum-Commissioner, Department of Secondary Education, Government of Rajasthan, Bikaner.

3. The Joint Director (School Education), Jodhpur Range, Jodhpur (Rajasthan).

4. The District Education Officer (Secondary), Barmer, Rajasthan.

                                                  ----Respondents


For Petitioner(s)        :     Mr. S.P. Sharma
For Respondent(s)        :     Mr. Sarwan Kumar for
                               Mr. Hemant Choudhary, GC



            HON'BLE MS. JUSTICE REKHA BORANA

                                    Order

04/11/2022

In all these writ petitions, the controversy is regarding the

grant of selection scale to those School Lecturers who were given

adhoc promotion by respondents in the past on the ground of

possessing higher qualification but were denied selection scale of

previous posts as well as of promoted posts on the ground that

the promotion to the post of School Lecturer was adhoc in nature.

Learned counsel for the petitioners submitted that the

controversy is squarely covered by the judgment as passed in the

(3 of 4) [CW-983/2015]

case of Premchand Gokhroo v. The State of Rajathan & Ors.

(S.B. Civil Writ Petition No.5063/2012) decided on

10.09.2013. In Premchand Gokhroo's case (supra), it was held

as under:-

"12. In the considered opinion of this Court, if the adhoc service of the petitioner on the post of School Lecturer is not to be counted for the purpose of grant of selection scale, then obviously for the purpose of grant of Selection Scale, the petitioner must be treated to be holding the post of Teacher Gr.II in the Senior Scale till his regular promotion on the post of School Lecturer against the vacancies of the year 2000-01 and thus, was entitled to be granted the benefit of Selection Scale 7500-12000 on completion of eight years of service in the Senior Scale. Moreover, so as to remove the anomaly in the pay scale crept in on account of fixing of the different pay scale for the post of School Lecturer and Headmaster and on account of the adhoc services of the promotees being not counted for the purpose of grant of selection scale, the Government has already taken a decision to extend the benefit of selection scale to such adhoc promotees for which they were entitled, had they been not promoted on adhoc basis as School Lecturer and continued on the post of Teacher Gr.II. In this view of the matter, there was absolutely no reason to deny the benefit of the selection scale to the petitioner on his completion of eight years of service as Teacher Gr.II in the Senior Scale, ignoring the fact that he was accorded promotion on adhoc basis on the post of School Lecturer. Suffice it to say that either the petitioner's adhoc service as School Lecturer should be counted for the grant of benefit of Selection Scale on completion of ten years of service as School Lecturer or the petitioner deserves to be extended the grant of selection scale on completion of eight years of service as Teacher Gr.II in the Senior Scale. Apparently, any other view of the matter shall lead to absurdity inasmuch as the persons who were junior to the petitioner and continued on the post of Teacher Gr.II shall be entitled for Senior Scale & Selection Scale, on completion of ten and eight years of service, however, the petitioner shall stand

(4 of 4) [CW-983/2015]

denied the selection scale notwithstanding the fact that as on the date of superannuation, he had completed more than 21 years of service since his confirmation on the post of Teacher Gr.II w.e.f. 1.7.1982."

Learned counsel for the respondents is not in a position to

refute the above submission.

In view of the above submission, the present writ petitions

are allowed. The respondents are directed to extend the benefit of

selection scale to the petitioners by counting the period of their

adhoc promotion for the purpose of grant of selection scale or the

benefits of senior scale and selection scale at par with those

Teacher Grade-II who were not accorded promotion but were

given the benefits of Senior Scale and Selection Scale on

completion of 10 years and 8 years of service respectively. The

respondents are further directed to fix the petitioners in the pay

scale of Rs.7500-12000 by stepping up of the pay from the date

the persons junior to the petitioners were fixed in the said pay

scale with all consequential benefits. The entire exercise would be

completed by the respondents within a period of three months

from the date of receipt of copy of the present order. The

monetary benefits flowing out of the said order would be paid to

the petitioners within a period of three months. If the amount as

payable to the petitioners is not paid within the stipulated period,

the same shall carry an interest @ 6% per annum.

(REKHA BORANA),J 88 to 91 & 93-Sachin/-

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