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1995 Supreme(SC) 569

A. M. AHMADI, K. S. PARIPOORNAN, S. P. BHARUCHA
K. P. Singhal: Keshri Singh – Appellant
Versus
State Of Rajasthan – Respondent


JUDGMENT :- The short question which arises for consideration relates to the interpretation of sub-rule (3) of Rule 32 of the Rajasthan Administrative Service Rules, 1954. The said sub-rule reads as under:

"(3) No member of the service who has not completed 3 years service on the selection scale posts and 20 years service in all on the posts included in the service shall be eligible for appointment on the super time scale posts".

Before we interpret the aforesaid sub-rule, it is necessary to notice sub-rule (5) of Rule 28-B of the said Rules. That sub-rule reads as under :

"(5) Subject to the provisions of sub-rule (7), selection for promotion from the lowest post or category of post in the State Service to the next highest post or category of post in the State Service and for all posts in the Subordinate Services and in the Ministerial Services shall be made strictly on the basis of seniority-cum-merit from amongst the persons who have passed the qualifying examination, if any, prescribed under these Rules, and have put in at least five years service, unless a different period is prescribed elsewhere in these Rules on the first day of the month of April of the year of selection on th





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