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Civil Writ Petition No.15681/2010. Case: Deen Dayal Sharma Vs State & Ors.. Rajasthan High Court

Judgment Cited in Precedent Map Related
Vincent
Case NumberCivil Writ Petition No.15681/2010
CounselFor Appellant: Mr. Sanjay Sharma
JudgesAjay Rastogi, J.
IssueService Law
Judgement DateNovember 29, 2010
CourtRajasthan High Court

Judgment:

Ajay Rastogi, J., (At Jaipur)

Counsel submits that controversy raised herein has been decided by DB decision of this Court at principal seat Jodhpur in Special Appeal (Writ) 208/06 & bunch of others (State of Rajasthan Vs. Ramniwas Porwal) on 13/12/07 (Per Hon. Mr. Rajesh Balia, J.) (2008(2) WLC 406) clarifying the position ad infra: However, it may be clarified that because of the provisions made in Note 8 read with Note appended to Rule 6 a Senior Teacher drawing pay in second selection grade of 6500-10500 prior to 1.7.1998 and promoted as Senior Teacher but after 1.7.1989 who has not completed 10 years as Senior Teacher at the time of commencement of the Act his pay in pay-scale of 6500-10500 was protected as personal to him, though he would become eligible to such scale under the new rules of 1998 only on completion of 10 years. In this view of the matter, the rights of the respondents even under the aforesaid provision remain intact and unaffected and it could not have any adverse effect on them.

But those who have been promoted as Senior Teachers drawing their pay in Second Selection Grade of 6500-10500 will not be eligible for this pay protection because even under the...

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