Vimla Meena Daughter Of Shri Shiv Lal Meena vs State Of Rajasthan And Ors

Petitioner has filed this writ petition praying for declaring Rule 14 of the Rajasthan Civil Services (Revised Pay) Rules, 2008 (for short, 'the Rules of 2008'), ultra vires being contrary to Article 14 of the Constitution of India to the extent it does not grant fixation to her as granted to similarly situated candidates recruited as Teacher Grade-III in the same recruitment process. Further prayer is made for a direction to respondents to give same benefit to the petitioner as was given to the petitioners in D.B. Civil Writ Petition No.1949/2011 titled Anita Sharma and Others Vs. State of Rajasthan and Others, decided vide order dated 20.03.2015.

Learned counsel for petitioner submits that the case of the present petitioner is squarely covered by the judgment of this court dated 12.03.2019 in D.B. Civil Writ Petition No.4253/2019 - Ramesh Chand Saini and Others Vs. State of Rajasthan and Others and therefore it may be decided in the light thereof. Learned counsel submits that he also does not press the challenge to Rule 14 of the Rules of 2008, however, prays that the State Government be directed to consider her case for grant of one time relaxation.

It is contended that selection of the petitioner as Upper Primary Teacher was made with the Primary Teachers. Candidates of both the categories appeared in written examination pursuant to common selection process. Common merit list was prepared, but the appointments were given on the basis of qualification/eligibility of the candidates. Appointments of the Primary Teachers were made on 24.09.2007 but the State Government delayed appointment of the petitioner as Upper Primary Teachers and eventually her appointment order was issued on different date. The petitioner has filed her appointment order dated 12.01.2008 on record as Annexure-2. In between, the State Government vide notification dated 12.09.2008 promulgated the Rules of 2008. According to Rule 14 of the Rules of 2008, batch of the candidates appointed on the post of Primary Teachers received increment on 01.07.2010 since they completed one year probation period after their appointment before the applicability of the aforesaid notification, but in the case of present petitioner, since her appointment was delayed, she could not complete her probation and her increment would be delayed by one year and would be payable on 01.07.2011. Learned counsel has invited attention of the Court towards Rule 3 of the Rules of 2008, where the Governor retains the power to relax the rule in the case of undue hardship in any particular case.

Prima facie, we are satisfied that it is a case of hardship, but since the State Government has not examined this matter, we refrain from expressing any further opinion, except requiring the State Government to have the case of the petitioner examined for grant of one time relaxation, so as to consider her case and bring her at par with the Primary Teachers appointed in the same process of selection held pursuant to same advertisement by granting them one increment, may be notionally, with effect from 01.07.2010 considering that she was actually in service on that date and even prior thereto.

We, therefore, direct the State Government to undertake necessary exercise and pass appropriate order with regard thereto within a period of four months from the date of production of copy of this order. It goes without saying that in case grievance of the petitioner is not remedied, the petitioner would be at liberty to file fresh writ petition with the same prayer as made in the present writ petition and also incorporating challenge to the order that may be passed by the State Government.

With aforesaid direction, writ petition stands disposed of. This also disposes of stay application.