- (1.) Petitioners before me are members of Rajasthan Judicial Service (RJS for short). Their recruitment and promotion is governed by Rajasthan Judicial Service Rules, 1955 (for short the RJS Rules). The present writ petition raises the question of interpretation of the provisions of Schedule II appended to RJS Rules.
(2.) RJS Rules were promulgated by the Raj Pramukh of Rajasthan in consultation with the Rajasthan Public Service Commission and the High Court of Judicature for Rajasthan in exercise of the powers conferred by Article 234, read with Article 238 and proviso to Article 309 of the Constitution of India.
(3.) Under the existing provisions of these Rules, initial recruitment to the service is made at the level of Munsifs. Besides Munsifs, the cadre consists of Civil Judges, Senior Civil Judges and Civil Judges-cum-Chief Judicial Magistrates. It is admitted before me on all hands that the cadre of Senior Civil Judges is now extinct. Munsifs are now promoted to the posts of Civil Judges (ACJMs) on the basis of seniority-cum-merit, while they are promoted to the posts of Civil Judges-cum-Chief Judicial Magistrates on the basis of merit after taking seniority in consideration.;