Chhangani, J.—This is an application by Madanlal, an ex-employee of the Police Department, praying for the issue of a writ, direction or order to declare Rules 23(a) of the Rajasthan Government Servants and Pensioners Conduct Rules (hereinafter to be referred to as the Rules) as ultra vires and to quash the order of the Deputy Inspector General of Police, Jodhpur Range, Jodhpur, dated the 17th March, 1960, dismissing the petitioner from service as upheld by the order of the Inspector Generel of Police, dated the 17th December, 1960. An alternative prayer was also made for issue of a writ of mandamus for directing the respondents to recognise the Rajasthan Non-gazetted Police Karamchari Sangh.

2. The relevant facts are briefly these : The petitioner was a constable in the Police Department in the former Jodhpur State and on integration of the former Jodhpur State with Rajasthan he was absorbed in the service of the Rajasthan State and was a Head constable on the non-gazetted staff of the Police Department. The petitioners case is that the Gazetted Officers of the Police Department formed an association and the same was recognised by the Government and is functioning. Thereafter the n

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