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1993 Supreme(Raj) 445

I.S.ISRANI, V.K.SINGHAL
Dev Kumari – Appellant
Versus
State – Respondent


JUDGMENT

1. - Since the common questions of law are involved in all these three petitions, the same are disposed of by one single order.

2. The first ground of challenge is that Rule 28(6) of the Rajasthan Legal State and Subordinate Service Rules, 1981 be declared as discriminatory and arbitrary as they are in violation of the provisions of Articles 14 and 16 of the Constitution of India. The provisions of sub-rule 4, 5 and 6 of the Rule 28 reads as under:-

"(4) subject to the provisions of sub-rule (6), selection for promotion from the posts of Legal Assistant to the posts of Head Legal Assistant in the Service shall be made strictly on the basis of seniority-cum-merit from amongst the persons who have put in at last 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 the post or category of post from which selection is to be made :

Provided that in the event of non-availability of period of service of five years, the Committee may consider the persons having less than the prescribed period of service, if he fulfils the qualifications and other conditions for promotion prescribed els
























































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