Vaidialingam,

(1) IN both the Writ Petition under Articlev 32 and the Civil, by special leave, common questions that arise for consideration relate to the validity of Rules 28-B and 32 of the Rajastlian Administralive Service Rules, 1954 (herenafter to be referred as the Rules) and the Circular No. F. 1. (6) Applts. D/50, dated August 27, 1066, issut-d by the Chief secretary .to the government of Rajasthan as well as the Order of the government of Rajasthan No. F. 2(24) Apptts. (A-IV)/66, dated 4/01/1967. In the two writ petition-, the Order No. F. 2(24) Appits. (A-IV)/66, dated, 22/01/1970, and in Writ Petition No. 139 of 1070 a further Order of the State government No. F. 27(24)A (A-4)/66, dated February 21, 1970, are also challenged. the nature of the various Orders, as well as the Rules and the Circular that are challenged will be referred to later at the appropriate stage.

(2) CIVIL No. 1815 of 1970 arises out of the division bench Judgment of the Rajasthan High court, dated 20/01/1970, in D. B. Special Appeal No. 57 of 1968. The facts leading up to the Civil may be stated : The appellant is an Arts Graduate having taken his degree in 1947. He took his Law degree in the year 1961 having been placed in the First Division. He joined the service of the former Jaipur State as Inspector, Customs and Excise, in 1948. On the formation of the United State of Rajasthan, he was appointed in the service of the State of Rajasthan as Inspector, Customs and Excise. In 1950 the Rajasthan Administrative Service was constituted for the State of Rajasthan and the Rules governing the conditions of service of the members, therein were framed in 1954 by the Rajapramukh under the proviso to Article 309 of the Constitution. Under the Rules the Administrative Service Cadre has three cadres of pay, namely, Ordinary Time Scale, Senior Scale and Selection Grade. The appointment to the service cadre was by direct recruitment as well as by promotion from other subordinate services in the State of Rajasthan. The appointment to the Senior Scale and Selection Grade was by promotion from amongst the members of the service. According to the appellant Rules 27 and 32 of the Rules, as they stood originally provided for promotion to be made only on the basis of seniority-cum-merit and that sub-rule (2) of Rule 27 laid down various criteria to be taken into account in the matter of selection of candidates for promotion. It was his further case that Rule 28, as it originally stood, laid down the procedure for recruitment by promotion to the service oil the basis of seniority-cum-merit. The appellant was appointed in the year 1957 as a member of the Rajasthan Administrative Service as a result of the open competitive examination held by the State public service commission under the provisions of the Rajasthan Administrative Service (Emergency) Rules, 1956. The appellant claimed that his seniority was higher than that of Respondents 2 to 5 as is evident from the seniority list published on 1/07/1964. At this stage it may be mentioned that though under the Order, dated 4/01/1967, of the State government fifteen officers in the unior scale were promoted and appointed on an officiating basis to the senior scale of the service, the appellant has made only four of them Respondents 2 to 5 as parties in these proceedings on the ground that though they were juniors to him, promotion has been given to them superseding his claims. The other officers so promoted, even according to the appellant were senior to him in service. We may also mention that respondent No. 5 is since dead, but for Convenience he will be referred to by the rank occupied by him as respondent.

(3) IN 1965 the State decided to introduce the system of making promotions to the service on the basis of merit alone in addition to the existing system of making promotions on the basis of seniority-cum-merit. With (his end ill view there were various amendments made to the R