Nita Jain v. Secretary, Education Department, Government of Rajasthan, deciding identical natu on 16 Jul 2025

Judgment

5. State Of Rajasthan, Through Its Principal Secretary, Rural Development And Panchayati Raj (Elementary Education), Government Of Rajasthan, Government Secretariat, Jaipur, Rajasthan) Secretary, Rural Development And Panchayti Raj (Elementary Education), Government Of Rajasthan, Government Secretariat, Jaipur, Rajasthan. Director, Elementary Education, Government Of Rajasthan, Samta Nagar, Bikaner- 334001, Rajasthan. Chief Executive Officer, Zila Parishad, Jaipur, Rajasthan. Block Elementary Education Officer, Sanganer, Jaipur, Rajasthan. ----Respondents For Petitioner(s)

: Ms. Shashi Bala Sharma For Respondent(s) : Mr. Gopal Krishan Sharma, AGC HON'BLE MR. JUSTICE SUDESH BANSAL Order 16/07/2025

1. Petitioner filed instant writ petition invoking writ jurisdiction of High Court under Article 226 of the Constitution of India on

12.04.2023, making a prayer that status of petitioner be considered as “Trained Teacher” and respondents be directed to extend benefits of selection scales to the petitioner from the initial date of her appointment i.e. 15.06.1996.

2. The relevant facts as culled out from record, are that petitioner was initially appointed vide order dated 15.06.1996 on the post of Teacher Gr. III (Untrained Teacher) under the Widow [2025:RJ-JP:26477] (2 of 5) [CW-7672/2023] category. The appointment order was issued by the Chief Executive Officer, Zila Parishad, Jaipur. The appointment was made against the sanctioned post of Untrained Teacher under widow quota. Petitioner is claiming to convert her status from “Untrained Teacher” to “Trained Teacher”, on the ground of gaining experience of working for years together as Untrained Teacher. It is noteworthy that as per reply filed by respondents, an Untrained Teacher can be assigned status of “Trained Teacher”, after acquiring the qualification of STC, as provided in the proviso to Rule II(ii) of the Rajasthan Educational Subordinate Service Rules, 1971 and since petitioner has not acquired qualification of STC after her appointment as Untrained Teacher, she has not been assigned status of “Trained Teacher” and due to such reason, the benefits of selection scales have not been given to petitioner.

3. It is undisputed fact on record that prior to filing of instant writ petition, petitioner filed one SB Civil Writ Petition No. 3263/2015 before the High Court at Bench- Jaipur, seeking similar prayer as made in the present writ petition. The previous writ petition, filed by petitioner, came to be disposed of vide order dated 26.05.2017 with direction that petitioner would submit a representation before the respondents, which shall be considered and decided by a reasoned and speaking order in the light of another judgment dated 16.03.2012 passed by the Rajasthan Civil Services Appellate Tribunal, Jaipur in Appeal No.0897/2002: Nita Jain Vs. Secretary, Education Department, Government of Rajasthan, deciding identical nature of issue. It was observed in the order dated 26.05.2017 that the judgment dated 16.03.2012 passed by the Tribunal, has attained finality. [2025:RJ-JP:26477] (3 of 5) [CW-7672/2023]

4. In the pleadings of writ petition, petitioner has come up with a case that despite submitting representation by the petitioner, respondents did not decide the same as directed by this Court vide order dated 26.05.2017 in her previous writ petition, hence, petitioner initiated contempt proceedings against the concerned Officers of respondents by way of filing SB Civil Contempt Petition No.449/2018. In the contempt petition, the then Additional Advocate General, appeared on behalf of Officers of respondents and stated at Bar that the representation of petitioner has been decided. Taking note of statement of the then AAG, the contempt proceedings were dropped and the petition was disposed of as having become infructuous, vide order dated 03.11.2018.

5. While narrating such facts, petitioner has pleaded that grievance of petitioner still survives as neither she has been assigned status of “Trained Teacher” nor has been accorded benefits of selection scales. Hence, instant writ petition has been filed.

6. During course of writ petition, counsel for petitioner has placed on record a copy of Order dated 24.01.2018 passed by the District Education Officer, Primary Education, Jaipur, deciding representation of petitioner in furtherance to the order dated

26.05.2017 passed in previous writ petition of petitioner bearing SBCWP No.3263/2015. The copy of Order dated 24.01.2018 is taken on record. A perusal of Order dated 24.01.2018 envisaged that respondents decided the representation of petitioner in the manner that although she has not acquired the training course of STC, but since she has completed 10 years’ of service as [2025:RJ-JP:26477] (4 of 5) [CW-7672/2023] “Untrained Teacher”, therefore, she is eligible to get status of “Trained Teacher” and benefits accordingly. For ready reference, Order dated 24.01.2018 is being reproduced hereunder:- dk;kZy; ftyk f'k{kk vf/kdkjhh izkjfEHkd f'k{kk t;iqj Øekad&ftf'kv@izkf'k@t;@lk&3@Qk&fof/kd17&18@419 fnukad 24-01-2018 Lihfdxa vkns'k Jherh jk/kk 'kekZ] v/;kfidk dh fu;qfDr jkizkfo nsofy;k] lkxkusj] t;iqj esa ftyk ifj"kn] t;iqj vkns'k Øekad ftit@f'k{kk@laLFkk@e`-d-fu@96@1583&91 fnukad 15-06-1996 ,oa 1594&1621 fnukad 15-06-1996 ds }kjk e`rd jkt deZpkjh vkfJr ,oa fo/kok efgyk dksVs esa gksus ds QyLo:i nks o"kZ ds ifjoh{kkdky ij osru J`[kayk 1200&2050 esa vizf'kf{kr osru 1200 ewy ij inLFkkiu fd;k x;k FkkA vizf'kf{kr vk'kkfFkZ;ksa dks rhu o"kZ dh vof/k esa izf'k{kk.k izkir djuk vko';d FkkA Jherh 'kekZ vkt fnukad rd vizf'kf{kr gSA vuds }kjk fu;qfDr 'krZ dks iwjk ugh fd;k x;k gSA ;kfpdkFkhZ }kjk fu;qfDr 'krZ dks iwjk ugh fd;k x;k gSA ;kfpkdkFkhZ }kjk fu;fer fu;qfDr frfFk ls p;fur osrueku izkIr djus dk vH;kosnu izLrqr Jherh jk/kk 'kekZ us ekuuh; jktLFkku mPp U;k;ky;] t;iqj ihB] t;iqj esa ,dy ihB ;kfpdk la[;k 3263@15 Jherh jk/kk 'kekZ cuke ljdkj nkf[ky dh tks fd fnukad 26-05-2017 dks bl vkns'k ds lkFk fuLrkfjr dh xbZ fd oknh ds vH;kosnu dks jktLFkku flfoy lsok vihy vf/kdj.k] t;iqj dh vihy la[;k 0897@02 uhrk tSu cuke lfpo f'k{kk foHkkx] jktLFkku ljdkj ds fu.kZ; fnukad 16-03-2012 ds izdk'k esa l{ke vf/kdkjh }kjk fuLrkfjr fd;k tk, ,l-ch-lh- MCyw 3263@15 esa vknsf'kr fd;k x;k gS fd decided the some by a reasoned and speaking order in accordance with law as expeditiously as possible U;k;ky; us vH;kosnu fuLrkj.k esa foHkkxh; fu;e funsZ'kks dh ikyuk gsrq Hkh dgk gSA vizf'kr v/;kidks dks p;fur osrueku nsus lEcfU/kr vkns'k Øekad ,Q&20¼1½ ,Q-Mh ¼xqzi&2½ 92 Hkkx 4 fnukad 27-07-1995 rFkk ,Q&173¼38½os-fu@xzka- foi@ys[kk@92@983 fnukad 18-02-1993 ds vuqlkj ,sls O;fDr tks vizf'kf{kr v/;kid ds :i esa fu;qfDr gq, gS rFkk mudh lsok,¡ izf'k{k.k izkfIr ds i'pkr ;k 10 o"kZ dh lsok iw.kZ djus ij fu;fer dh x;h gSA bl izdkj ,sls O;fDr;ksa dks p;fur osrueku dh Lohd`fr gsrq lsok vof/k dh x.kuk ml frfFk ls tc mUgksus vizf'kf{kr v/;kid ds :i esa 10 o"kZ dh lsok iw.kZ dh gSA Jherh jk/kk 'kekZ ds vH;kosnu] U;k;ky; ds vkns'k rFkk jkT; ljdkj }kjk p;fur osrueku nsus lEcfU/kr vkns'kksa dk voyksdu] euu rFkk v/;;u djus ds i'pkr ;kfpdkFkhZ ds vH;kosnu dks vLohdkj dj fuLrkfjr fd;k tkrk gSA ftyk f’k{kk vf/kdkjh izkjfEHkd f’k{kk t;iqj

7. Counsel for petitioner, having instructions of petitioner, is agreeable to the Order dated 24.01.2018 that if petitioner is assigned status of “Trained Teacher”, after completion of her ten years of service as “Untrained Teacher” w.e.f 15.06.1996, which completes on 14.06.2006, then at the very least, petitioner must be assigned status of “Trained Teacher” w.e.f. 15.06.2006 and the benefits of selection scales be paid to petitioner accordingly, in [2025:RJ-JP:26477] (5 of 5) [CW-7672/2023] compliance of the Order dated 24.01.2018 passed by the District Education Officer, Primary Education, Jaipur.

8. In view of above, accepting the Order dated 24.01.2018 passed by the District Education Officer, Primary Education, Jaipur itself, instant writ petition is hereby disposed of with following directions: (i) Petitioner be assigned status of “Trained Teacher” w.e.f.

15.06.2006 i.e. after completion of 10 years of her service as Untrained Teacher from the date of her initial appointment i.e. 15.06.1996. (ii) Petitioner be granted regular pay-scale and benefits of selection scales, as payable to a “Trained Teacher” w.e.f.

15.06.2006 onwards. (iii) The salary being paid to the petitioner as “Untrained Teacher” post to 15.06.2006, may be adjusted against the arrears payable to petitioner by treating her as “Trained Teacher w.e.f. 15.06.2006 onwards and the balance arrears, if any, shall be paid within a period of eight weeks. (iv) In case, arrears of salary and benefits are not paid within the time-frame as stipulated herein, petitioner shall be entitled to recover the same along with interest @ 6% per annum. (v) This Order has been passed relying upon the Order dated 24.01.2018 passed by the District Education Officer, Primary Education, Jaipur, referred supra.

9. Pending application(s), if any, stand(s) disposed of. Sachin/S-364 (SUDESH BANSAL),J