SBCWP614/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.614/2010 Yad Ram Sharma Vs. State of Rajasthan and Others Date of Order ::: 23.04.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri Kamal Kant Sharma for Shri Babu Lal Gupta, Counsel for petitioner #### By the Court:- Grievance of petitioner is that even though respondents are granting him benefit of selection scale but for that purpose the period of his initial service from 31st January, 1980 of Teacher Gr.III has not been counted, however, at the same time they are granting such benefit to similarly situated employees by counting their service from the date of their initial appointment made on adhoc/temporary basis. If that would have been done in the case of petitioner, he initially having been appointed on temporary basis on 30.01.1980, would be entitled to benefit of selection scale much earlier. Learned counsel submitted that the Government vide Circulars dated 25.05.1986, 25.07.1986, 10.07.1986 and 15.02.1988 (Annexures 7 to 10 to the writ petition), granted continuity of service to adhoc/temporary teachers even during SBCWP614/2010 // 2 // summer vacations. Even if the respondents are illegally extending certain benefits of selection scale to some employees counting the period of their service from the date of their initially appointment, who may have been appointed on adhoc/temporary basis, that cannot be a reason for this Court to direct the respondents to act contrary to law because the issue as to from which date the period of 9, 18 and 27, as the case may be, shall be counted, has been set at rest by the judgment of the Supreme Court in State of Rajasthan & Others Vs. Jagdish Narain Chaturvedi – 2009 (5) Supreme 387, wherein it has been authoritatively held that in the scheme of selection scale prepared by the State Government such benefit would be extended to employees counting the period of service only from the date of appointment on regular basis or when an adhoc/temporary appointee is regularized in service after screening/proficiency test. I, therefore, do not find any merit in this writ petition and the same is dismissed. (Mohammad Rafiq) J. //Jaiman//