1 IN THE HIGH COURT OF JUDICTURE FOR RAJASTHAN AT JODHPUR. O R D E R Vijaypal Yadav & ors. Versus State of Rajasthan & ors. S.B. Civil Writ Petition No. 4914/2006 ... Date of Order: April 17, 2007 PRESENT HON'BLE MR. JUSTICE H.R. PANWAR Mr. M.S. Singhvi, for the petitioners. Mr. B.L. Tiwari, Deputy Govt. Advocate. BY THE COURT: Heard learned counsel for the parties. The facts and circumstances giving rise to the instant writ petition are that the petitioners applied for the posts of teacher Grade III in pursuance of the advertisement dated 13.6.1998. Petitioners were denied appointment because they were awarded 10 bonus marks for participation in the sports, whereas they are entitled for 15 bonus marks for the sports and, therefore, they filed SBCWP No. 3035/2003 before this Court challenging denial of consideration of their case for appointment. That writ petition came to be allowed by this Court vide order dated 12-9-2005 holding as under:- “For the reasons mentioned above, the present writ petition is allowed and the respondents are directed 2 to offer appointment to the petitioners on the post of Teacher Grade III on and from the date the persons junior to them have been offered appointment. On their appointment, the petitioners shall not be entitled for any emoluments of the post for the past, however, they will be entitled to claim seniority over the persons who were lower in merit, but have been offered appointment prior to them. However, in case after investigation if the degrees of the petitioners are found to be forged/fabricated, the petitioners may be removed from service after following the due procedure of law.” In compliance of the order of this Court dated 2.9.2005 passed in SBCWP No.3035/2003, the respondents appointed the petitioners vide order Annx.2 dated 18-5-2006 and in pursuance thereof, the petitioners joined the duty on 3.7.2006. Aggrieved by the conditions No. 2 and 4 mentioned in the appointment order Annx.2, the petitioners have filed the instant writ petition. I have heard learned counsel for the parties. It is contended by the learned counsel for the petitioners that an identical controversy came to be considered by this Court in Paras Vs. State of Rajasthan & ors., SBCWP No. 3179/2006 and this Court allowed that writ petition holding therein that the amendment introduced in the Rajasthan Civil Services (Revised Pay Scale) Rules, 1998, which came into force on 20-1-2006, shall not be having application on the petitioner therein. It is not in dispute that the question of grant of 15 3 bonus marks to the petitioners herein for sports participation has been determined by this Court in the earlier writ petition No.3035/2003 and this Court held the petitioners entitled for 15 bonus marks and thereafter the respondents were directed to offer appointment to the petitioners on the post of Teacher Grade III from the date persons junior to them have been offered appointment. In the instant case, the petitioners have been appointed on a consolidated salary of Rs.4500/- for a period of two years in view of the Amended Provisions of the Rajasthan Civil Services (Revised Pay Scale) Rules, 1998 (for short, “the Rules 1998” hereinafter). Condition No.2 states that the petitioners will be entitled for the salary in accordance with the prevailing Rules which came into force with effect from 20.1.1006. Condition No.4 relates to the pension scheme. In Paras Vs. State of Rajasthan & ors. (supra), this Court held that the petitioner therein, on being appointed as Physical Training Instructor Grade III is required to be treated prior to the date on which the amendment was introduced in the Rules of 1998 for grant of consolidated salary for a period of two years in the pay scale to which the incumbent is appointed and accordingly, while allowing the writ petition, it was declared that the amendment introduced in the Rules of 1998, which came into force w.e.f. 20-1-2006 will have no application on the petitioner and te order dated 31-1-2000 passed by the District Education 4 Officer, Barmer giving appointment to the petitioner as Physical Instructor Grade III is ordered to be modified by giving appointment to the petitioner as Physical Instructor Grade III in the regular pay scale, i.e. the Pay Scale No.9-A with entitlement for getting annual grade increments in accordance with law. The facts of the writ petition filed by Paras and the instant writ petition are almost identical including the prayer clause. In the instant case, the petitioners herein also claimed the salary as applicable in the Pay Scale No.9-A from the date of decision of this Court in the earlier writ petition No.3035/2003, in compliance whereof they were offered appointment. They are claiming arrears of salary from December 2002. In my view, when the petitioners herein were offered appointment in compliance of the order of this Court on 18-5-2006 and in pursuance thereof they joined the duty on 3-1-2006, therefore, no question arises for granting the arrears from any earlier date from the date they joined the posts and, therefore, I do not find any reason for granting any other relief to the petitioners except the relief No.1 prayed in the writ petition since the relief No.1 is at par with the relief granted to petitioner Paras in an identical writ petition. In this view of the matter, the instant writ petition is allowed in terms of the order of this Court in Paras Vs. State of Rajasthan & ors. (supra) and it is declared that the amendment 5 in the Rules of 1998, which came into force with effect from 20.1.2006, will have no application on the petitioners herein. The impugned order Annx.2 dated 18-5-2006 passed by the respondent No.2 giving appointments to the petitioners is ordered to be modified by giving appointments to them as Teachers Grade III in the Pay Scale No.9-A with entitlement for annual grade increments in accordance with law. There shall be no order as to costs. (H.R. PANWAR), J. mcs