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1982 Supreme(Raj) 392

M.C.JAIN
Radha Kant Saxena – Appellant
Versus
State of Rajasthan – Respondent


JUDGMENT

1. This writ petition raises a question of seniority between the petitioner and respondent No. 4.

2. A few material facts respecting the petitioner and respondent No. 4 may, briefly, be noted for appreciation and adjudication of the controversies, which call for decision in the present writ petition.

3. The respondent No. 4 was a Small Savings Extension Officer, Bharatpur, from where he was transferred as Deputy Superintendent, District Jail, Bharatpur, temporarily by order dated 25/28-11-1960 (Annexute I) and he took over the rhargc in pursuance of that order on 10-12-1960. The Government sought concurrence of the Rajasthan Public Service Commission (hereinafter referred to as "the Commission") by its letter dated 5-1-1962 (Annexure II) for extension of the term of temporary appointment of respondent No. 4 as Deputy Superintendent jail till a direct recruit is made available by the Commission. The post against which respondent No. 4 was temporarily appointed by transfer was to be filled up by direct recruitment. The Government had already sent he requisition for the recruitment of two posts of Deputy Superintendent jail under the Rajasthan Jails Service Rules, 1959 (hereina






























































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