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1988 Supreme(Raj) 920

S.S.BYAS, P.C.JAIN
Om Prakash Sharma – Appellant
Versus
The Rajasthan Legislative Assembly – Respondent


JUDGMENT

1. - This case is fully covered by a decision of this Court in D.B. Civil Special Appeal No. 68/1986, State of Rajasthan and Anr. v. Lal Chand and other , connected cases, decided on 1st October, 1986, wherein the amendment made with effect from 1st April, 1985, by the notification issued by the Government made in the Rajasthan Secretariat Ministerial Service Rules. 1970, was under challenge. In that case, it was held that the amendment will have prospective effect and will not apply retrospectively since it would effect pre-judicially the persons who had acquired promotions on the basis of the qualification which were recognised by the Government when they acquired the same.

2. The facts of the case arc that the petitioner was appointed on the post of Class IV servant in the Rajasthan Legislative Assembly and was subsequently confirmed on the said post on 26th May, 1976. The petitioner appeared in the Rashtra-Bhasa Parichaya Examination conducted by the Rashtra Bhasa Prachar Samiti and he passed the same. The qualification of Rashtra Bhasa Parichaya Examination had been recognised by the Government of Rajasthan as equivalent to High school/Higher Secondary Examination vid




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