Full Judgment
Ashok Kumar Mathur, J.
1. All these 12 writ petitions involve common questions of law and facts therefore they are disposed of by a common order.
2. For the convenient disposal of these writ petitions the facts of S.B. Civil Writ Petition No. 1097 of 1986: Budhra Ram v. Rajasthan and Ors. are taken into consideration:
3. The petitioner having passed his Higher Secondary Examination from the Board of Secondary Education Rajasthan Ajmer obtained a Diploma in Teaching Examination from the erstwhile University of Jabalpur now known as Rani Durgawati Vishwavidhalaya, Jabalpur in the year 1985. The petitioner was appointed by the Vikas Adhikari on the post of teacher is the pay scale of 490-840 for a period of six months or till a duly selected candidate is available. It was also mentioned in the note 7 of the endorsement of the order dated 14-8-1985 that since the question of recognition of the Diploma obtained from Jabalpur University is pending consideration with the Government of Rajasthan therefore the petitioner is appointing on a fixed salary of Rs. 400/-. Thereafter; the petitioners services were terminated by the order Annx. 5 dated 17-4-86. Aggrieved against this order, the petitioners have filed the present writ petition.
4. Mr. Dave, learned Counsel appearing for the State has brought to my notice the order of the State Government dated 8-7-1986 whereby the diploma obtained from Rani Durgavati Vishwavidhyalaya, Jabalpur has been recognised by the Government upto 1985-86. The order dated 8-7-1986 reads as under:
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5. Learned Counsel for the petitioners contended that the services of the petitioners were terminated on this count that the diploma obtained by the petitioners from Rani Durgavati Vishwavidhyalaya is not recognised by the State Government. Now, the State Government has recognised the Diploma upto 1985-86 therefore the services of the petitioners cannot be terminated on this count. The submission is correct and justified.
6. The writ petitions are allowed. The order of termination dated 17-4-1986 is set aside. However, it is open to the respondents to pass fresh orders on any other ground than the ground of recognition of the diploma obtained from Durgavati Vishwavidhayala. The petitioners have been paid the fixed salary at the rate of Rs. 400/- per month. As now the Diploma stands recognise 1 by the State Government therefore the petitioners are entitled to pay scale of Rs. 490-840. The petitioners shall be treated in this grade from date of their appointment and the difference of arrears should be paid to them. If any recovery has been made from the petitioners the same shall be repaid to the petitioners.