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(i) On which post, the appellants/petitioners are entitled for absorption and

(ii) Whether the appellant entitled to protection of basic pay.

On query being made to Sri Manjeev Shukla, the State counsel, with respect to the contents of Para 30 and 31 of the judgment under appeal, the learned standing counsel replied that the post of Superintendent is promotional post and on the said post, the appellants/petitioners cannot be absorbed as their absorption will affect others right. The right of the appellants/petitioners on the issue of absorption under the Government flows from Rule 3 (1) of Rules of 2011 and they have right to claim only in accordance with Rule 3 (1) of the Rules of 2011.

For the aforesaid reasons we feel that in the interest of justice it will be appropriate to issue following direction(s):-

(i) With respect of post of absorption we provide/direct that the respondents shall offer the appellants/petitioners Class III posts and the appellants/petitioners will be allowed to join the Basic Shiksha Department and they will be treated as absorbed and posted on the Class III posts.

(ii) With respect to pay protection we provide/direct that without reducing the "Basic Pay" of appellants/petitioner (which they were getting in Sarva Shiksha Abhiyan) the State Government shall consider the case of appellants/petitioners on the issue of protection of pay by taking recourse to the provision of Fundamental Rules/Financial Hand Book, by applying and interpreting the provisions in the context of present case of Absorption and by considering the observations made in the judgment.