1 S.B. CIVIL WRIT PETITION NO.2458/2003 Harphul Sing & Ors. Vs State of Rajasthan & Ors DATE OF ORDER: 3.7.2009 HON'BLE MR. PRAKASH TATIA, J. Mr. SN Trivedi for the petitioners. Dr.GR Kalla, Government Advocate. <><><> Heard learned counsel for the parties. The petitioners' grievance is that petitioners who were getting salary in the pay scale No.9, which provides salary of Rs.4500-600 has been denied benefit of the amendment made in the rules vide notification dated 7.8.1998 and has not been granted the pay scale of Rs.455-7000 which has already been granted to all the teachers working on the post of grade-III. Brief facts of the case are that petitioners were initially appointed as Laboratory Assistant under the provisions of Rajasthan Educational Subordinate Service Rules, 1971. However, they become surplus and they were adjusted against the post of teacher grade-III following the order dated 29th Sept., 1997 passed by the then Director of 2 Primary Education, Rajasthan, Bikaner. The petitioners joined on their new post of teacher grade-III in the year 1997 and since then they are working satisfactorily on the said post. According to the petitioners they possess the requisite qualification also and, therefore, their services have not been terminated and they should be provided pay scales which are given to the teacher grade-III in the rules. The petitioners have been denied the pay scales of 4500- 7000(9A) only on the ground that they are initially appointed on the post of Laboratory Assistant and they have been subsequently adjusted on the post of teacher grade-III. Once the petitioners have been appointed on the post of teacher grade-III irrespective of their source from where they came, they are entitled to pay scale provided for the teacher grade-III of Rs.4500-7000 after the amendment of the rules vide notification dated 7.8.1998. Initially the writ petition of the petitioners was dismissed vide order dated 2nd March, 2007, but subsequently, when the notification dated 7.8.1998 was brought to the notice, the order of dismissal of the writ petition was recalled in review petition no.02/2008 vide order dated 10th April, 2009. 3 Learned counsel for the petitioners submitted that all the persons who were getting the pay scale 9 have been given pay scale 9A. Meaning thereby, their pay scale stand increased from 4000-600 to 4500-125-7000 and according to learned counsel for the petitioners now their exists no pay scale no.9 in the rules. Another argument is that there is no distinction in the pay scale of the teacher garde-III and petitioners' initial appointment on the post of Laboratory Assistant is absolutely irrelevant for the purpose of grant of pay scale as petitioners who have been regularly appointed on the post of teacher grade-III are entitled for the pay scale, which is admissible to the teacher grade-III under the rules and that pay scale only is Rs.4500-125- 7000. Reply has been filed by the respondents and it has been stated that petitioners do not possess the minimum qualification for the post of teacher grade-III and, therefore, till they acquired the minimum qualification, they cannot be given the pay scale of Rs.4500-7000. I considered the submissions of learned counsel for the parties and perused the notification dated 7.8.1998 by which a new pay scale no.9A has been inserted and it has 4 been clearly mentioned that this new pay scale 9A is to be inserted below pay scale 9. Therefore, the contention of the petitioners that there exist no pay scale 9 is not sustainable. However, the petitioners are admittedly appointed on the post of teacher grade-III and there is only one pay scale for teacher grade-III and that pay scale is 9A as is clear from notification dated 7.8.1998 whereby for teacher grade-III, the pay scale has been increased from 4000-600(9) to Rs.4500-7000(9A) and respondents failed to show that there can be two pay scales for teacher grade- III and that is on the basis of the source of appointment. In view of the above reasons, the writ petition of the petitioners is allowed and it is held that petitioners are entitled to the pay scale of Rs.4500-7000 (9A) in view of notification dated 7.8.1998 irrespective of the fact that there exist pay scale no.9. The petitioner be granted all the consequential benefits in the light of this decision within a period of three months from today. (PRAKASH TATIA), J. c.p.goyal/-