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2023 Supreme(Raj) 183

SUDESH BANSAL
Prakash Chandra Kulshreshtha, S/o. Babulal Kulshreshtha – Appellant
Versus
State of Rajasthan, Through Principal Secretary Department of Law And Legal Affairs, Government Secretariat – Respondent


Advocates Appeared:
For the Petitioner: Mr. Bipin Gupta, Mr. Iliyas Khan, Mr. Sanjeev Kumar for Mr. Saransh Saini.
For the Respondent: Mr. Prateek Kasliwal, Ms. Gauri Jasana, Mr. Vigyan Shah, Ms. Sarah Sharma, Mr. Tanveer Ahamad, Mr. Chandra Vikram Singh for Mr. R.P. Singh AAG, Mr. Anil Kaushik, Registrar (Writ), Mr. Shobhit Tiwari, Mr. Pushpendra Singh, Mr. Rohit Tiwari.

JUDGMENT :

1. All these writ petitions have arisen from different judgeship of District & Sessions Judge of Rajasthan i.e. Bharatpur, Sawai Madhopur and Bundi, but give rise to a common question of legal importance as to whether under Rule 14(v) read with Rule 5 of the Rajasthan District Courts Ministerial Establishment Rules, 1986 (hereinafter “the Rules of 1986”) as amended vide notification dated 19.07.2017, Stenographer Grade-I and Personal Assistant cum Executive Assistant, who belong to Stenographer cadre are excluded from the zone of consideration for promotion on the post of Senior Munsarim in the general cadre? According to petitioners, in Rule 14(v) of the amended Rules of 1986, only Stenographers Grade II & III from the stenographer cadre have been included to be eligible for promotion to the post of Senior Munsarim, which is a post of general cadre and therefore, it should be construed that in the statutory Rules, Stenographer Grade I and Personal Assistant cum Executive Assistant are not eligible and not entitled for promotion to the post of Senior Munsarim and, wit

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