Rajasthan High Court - Jaipur
Praveen Kumar Yadav vs State Of Raj And Ors on 24 August, 2016
Author: Anupinder Singh Grewal
Bench: Anupinder Singh Grewal
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JAIPUR BENCH, JAIPUR
S.B. Civil Writ Petition No.9500/2007
Praveen Kumar Yadav
vs.
State of Rajasthan & Ors.
Date of Order : 24.08.2016
HON'BLE MR. JUSTICE ANUPINDER SINGH GREWAL
Mr. Rajendra Soni, counsel for petitioner.
Mr. Parikshit Singh, Dy. G.C. for respondents.
The petitioner is seeking a direction to the respondents to relieve from his place of posting at Ajmer to enable him to join at Alwar consequent to his selection thereat. He has sought a further direction that his pay should be protected in terms of the Circular dated 13.03.2006.
The petitioner had applied for the post of Teacher Grade-III in pursuance to the advertisement issued on 02.06.2004. After selection he was appointed as Teacher Grade-III in Ajmer District vide order dated 23.03.2005. The petitioner, later in response to advertisement dated 30.10.2006, again applied for the post of Teacher Grade-III and he was selected and appointed in Alwar District vide order dated 30.09.2007.
Learned counsel for the respondents has submitted that the petitioner has already been relieved from his previous place of posting in Ajmer District and has been posted in Alwar District. Therefore, the claim for posting at Ajmer has been satisfied.
Adverting to the issue of protection of the petitioners, it is apposite to reproduce Rule 24 of the Rajasthan Civil Services 2 (Revised Pay Scale) Rules, 2006 (hereinafter referred to as 'the Rules') which came into effect from 20.01.2006, hereunder:
"24. Pay not to exceed pay of the post - A person appointed in Government service to a post on a time scale of pay shall draw as initial pay the minimum of the scale or at such stage as may be prescribed or approved by the Government provided it shall not exceed the pay sanctioned by the competent authority for the post held by him. No special or personal pay shall be granted to a Government servant without the sanction of Government.
"Provided further that a probationer-trainee will receive a fixed remuneration at such rates as may be prescribed by the Government from time to time and on completion of period of probation, minimum pay of the pay scale of the post shall be allowed under this rule, from the day following the day of successful completion of the period of probation.
Provided further also that a government servant, who is already in regular service of the State Government, if appointed as probationer-trainee for a period of two years on or after 20.1.2006 shall be allowed pay in his/her own pay scale of the previous post of fixed remuneration at such rates as may be prescribed by the Government from time to time, whichever may be beneficial to him/her and after successful completion of period of probationer-trainee, his/her pay shall be fixed in pay scale of the new post as per provisions of Rule 26."
It is manifest from reading of the second proviso to Rule 24 of the Rules that the pay of the government servant who was already in regular service of the State and has been appointed as probationer trainee for a period of two years on or after 20.01.2006 shall be protected.
Therefore, the pay of the petitioner is to be protected as he was already a government servant when he was appointed as Teacher Grade-III at Ajmer District vide order dated 23.03.2005.
Indisputably, there is no break in the service of the petitioner and he was working at Ajmer before joining at 3 subsequent place of posting at Alwer in terms of the later advertisement.
In view of the above, the petition is allowed and the respondents are directed to protect the pay of the petitioner in terms of Rule 24.
(ANUPINDER SINGH GREWAL),J.
Mohit Tak 36