JUDGMENT

G.B. PATTANAIK, J.

(1) THE appellant is a direct recruit to the Rajasthan Administrative Service, having been selected through the competitive examination held by the Rajasthan Public Service Commission. The recruitment of the appellant had been made on 5.6.1975 under the Rajasthan Administrative Service Rules, 1954. The Government of Rajasthan finding necessity for making emergency recruitment to the state administrative service framed a set of rules in the year 1956, called The Rajasthan Administrative Service (Emergency Recruitment) Rules, 1956 and then another similar set of rules have been framed in the year 1959, called The Rajasthan Administrative Service (Emergency Recruitment) Rules, 1959. Emergency recruitment had taken place under the aforesaid two Emergency Recruitment Rules, once in the year 1956 and another in the year 1959. While the appellant has joined the Rajasthan Administrative Service on being recruited under the provisions of Rajasthan Administrative Service Rules of 1954 on 5.6.1975, and is continuing, a set of rules were framed by the governor in exercise of power under the proviso to Article 309 of the Constitution on 29.9.1976