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Rajesh Balia, A.C.J.

1. Heard learned Counsel for the parties.

2. All these appeals raise common issues about fall out of amendment made in General Note 8 relating to the Education Department appended to Schedule-V of the Rajasthan Civil Services (Revised Pay Scales) Rules, 1998 by inserting Sub-clause (ii) and Sub-clause (iii) in the Note vide Notification No. F.16(5) FD (Rules)/98 dated 8.6.2001. This amendment was to come in effect retrospectively w.e.f. 1.7.1998.

3. All the respondents-petitioners are Senior Teachers drawing pay in second selection grade of 6500-10500 and continue to draw pay in the scale as senior scale without considering the eligibility period of service for the senior scale prescribed under this order. This provision was also made applicable to the respective equivalent posts mentioned in the Schedule (i) issued by the Education department. Since all the incumbents were drawing pay in selection grade of 6500-10500, they were accordingly fixed therein on commencement of the revised pay- scale Rules, 1998 and continued in the pay-scale in which they were drawing pay at the time of commencement of the Rules.

4. By the amendment, while the original Note 8 was kept intact as 8(i), two paragraphs were added and after amendment, Note 8 as aforesaid reads as under:

8. (i) The Senior Teachers drawing pay in the first selection grade of 6500-10500 shall continue to draw pay in the scale as senior scale without considering the eligibility period of service for the senior scale prescribed under this order. This provision shall also be applicable to the respective equivalent posts mentioned above.

(ii) The teacher (earstwhile Teacher grade III) drawing pay in the second selection grade of 6500-10500 and promoted as Senior Teacher prior to 1.7.1989 shall draw pay in the scale of 6500- 10500 as senior scale of Senior Teacher. Those Senior Teachers who have not completed nine years service as Senior Teacher on 1.7.1998, their pay on 1.7.1998 shall be fixed in the pay scale of 5500-9000 and such Senior Teachers shall be allowed pay in the senior scale of 6500-10500 on completion of ten years service as Senior Teacher.

28. The general Notes appended under Schedule- V provides under Note 4 that in case of Teacher, Librarian Gr.III and Physical Training Instructor Gr.lll drawing pay in the First selection grade of 5000-8000 shall continue to draw pay in this scale as Senior Scale without considering the eligibility period of service for the senior scale prescribed under this order. This provision shall also be applicable to the respective equivalent posts mentioned under Schedule-V.

29. The Note 5 also is relevant for the purpose of the second selection grade of 6500-10500. It provides that the Teachers and holders of equivalent posts as indicated above who are drawing pay in the second selection grade of 6500-10500 and Librarians Gr.lll who are drawing pay in the third selection grade of 6500- 10500, their pay shall be fixed in the selection scale of 5500- 9000 on 1.7.1998 with reference to pay which they were drawing on 1.7.1998 at an equal stage and if there is no equal stage then at the next below stage plus difference as personal pay to be absorbed in future increase in pay. It may be noticed under the scheme that the persons falling in Note 4 mainly Teachers, Librarian Gr.lll and Physical Training Instructor Gr.lll drawing pay in the First selection grade of 5000-8000 were allowed to continue to draw pay in the same scale as senior scale without considering the eligibility period of service for the senior scale respectively. We find that the entry scale for this class of officers has been revised and converted to 4500-7000 but existing employees drawing pay in the higher pay-scale have been allowed to draw pay in the existing pay-scale because their exist the same corresponding pay-scale for the cadre and senior scale which becomes due after completion of 10 years of service has been provided Rs. 5000-8000 and after completion of further 10 years they become entitled to selection scale of Rs. 5500-9000. The persons who were drawing higher pay-scale have been allowed to continue in the higher pay-scale of Rs. 5000-8000 under revised pay-scale rules providing protection under the rules, notwithstanding the eligibility period for the senior scale.