- (1.) The identification of the highest post/posts in the Rajasthan Administrative Service, capable of being filled by merit alone, under sub-rule (7 or Rule 28-B of the Rajasthan Administrative Service Rules, 1954 (hereafter referred to as the 'rules') , is the search undertaken in these two connected appeals by special leave.
(2.) The respective appellants herein are Ajeet Singh Singhvi, who appeared in person, and Jagbir Singh who appeared through his learned , counsel. Both the appellants, at the time they moved the Rajasthan High court by means of their respective writ petitions, were high ranked officers in the Rajasthan Administrative Service but found their further chances to promotion obstacle on account of the amendments caused in the said Rules with effect from 17/07/1987. Broadly stated, on such amendments a Super Time scale was created which statedly was to remove stagnation in service. The contention of the appellants before the High court was, and is, that the creation of Super Time scale did not have the automatic effect of creating highest post/posts to be filled by merit alone, and that the posts to which Super Time scale was attracted remained 'higher posts' in contrast to 'highest posts' available to the members of the Rajasthan Administrative Service on the prescribed percentage of 50 per cent on merit and the remaining 50 per cent on seniority-cumerit. The appellants challenged the vires of the amendmentsdated 17/07/1987 for confining the selection to the highest posts made thereafter solely on the basis of merit. Before the High court, however, the question of vires of the amendments was given up and thus the High court invited its attention to the following two questions. (I) whether the Super Time scale is/are the highest post/posts in the service; and (Ii) if it is so, whether that post/posts is/are to be filled on the basis of seniority-cum-merit in the proportion of 50: 50 or on merit alone in accordance with sub-rule (7 of Rule of 28-B of the Rules
(3.) The High court by a long and an elaborate judgment, dated 30/04/1988 traced the history of the Rules and the amendments made to Rules 28-B and 32 from time to time, expressed the opinion that Super Time scale post/posts was/were the highest post/posts in the service and those required to be filled on merit alone and not in the proportion of 50 : 50 on the basis of merit and seniority-cum-merit. It is to challenge that view that these matters are here before us and we have had the opportunity of hearing the party in person and learned counsel on both sides.;