JUDGEMENT
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(1.)BY this writ petition under Article 226 of the Constitution petitioner Guman singh seeks to have declared Rule 28-B and Rule 32 of the Rajasthan administrative Service Rules, 1954, hereinafter referred to as the 'rules', and also a circular issued by the Chief Secretary on 27-8-66 as null and void. He further seeks to have declared the appointments made by the Government in the senior scale of Rajasthan Administrative Service in respect of respondents Rajeshwar dayal Mathur, Surendra Chandra Pagoria, Mannalal Goyal and Prithvi Singh who were members of the Rajasthan Administrative Service as null and void. He has also prayed for an appropriate writ, direction or order against the State government. The relevant facts are briefly these :-
(2.)THE petitioner was an Arts Graduate having taken his degree in the year 1947. He graduated in Law in the year 1961 and was placed in the first division. He joined the service of the former Jaipur State as Inspector of Customs and Excise in the year 1948, On the formation of Rajasthan he came to be appointed in the service of the State as Inspector, Customs and Excise, but in the year 1957 as a result of the competitive examination held by the Rajasthan Public Service commission, he was appointed as a member of the Rajasthan Administrative service. Petitioner proceeds to say that respondents Rajeshwar Dayal Mathur, surendra Chandra Pagoria, Mannalal Goyal and Prithvi Singh, who were also appointed in the Rajasthan Administrative Service, were placed junior to him. The petitioner had worked on various posts after his appointment as a member of the rajasthan Administrative Service.
(3.)THE Rajasthan Administrative Service consists of three grades. The ordinary time-scale is Rs. 285--25--560--E. B.--30---800. Then there is a senior scale which is Rupees 500--30--820-- E. B.--30 -- 850 --50--1100 and it carries the minimum pay of Rs. 640. Then there is a selection scale which carries the grade of Rs. 900-50--1500 with a minimum salary of Rs. 1050. Petitioner Guman Singh and respondents Rajeshwar Dayal Mathur, Surendra Chand Pagoria, Mannalal Goyal and Prithvi Singh were officers in the ordinary time-scale. The service conditions of rajasthan Administrative Service Officers including the promotion of officers from ordinary time-scale to the senior scale and from senior scale to the selection scale were governed by the Rajasthan Administrative Service Rules. Here it will be convenient to refer to the relevant rules so that the petitioner's case be properly stated.
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