JUDGEMENT
KEJRIWAL, J. -
(1.) IN these three writ petitions, common question of law is involved and as such they are decided by a common judgment.
(2.) PETITIONER K. P. Singhal was appointed as U. D. C. in the service of the respondents in the year 1965. In the year 1967, he was selected by the R. P. S. C. for Rajasthan Tehsildar Service & was appointed as member of the said service in the month of May, 1976. Lateron, he was selected by R. P. S. C. for Rajas-than-Accounts Service and was appointed as member of that service in April, 1970. From the year 1972, he started drawing salary more than Rs. 625/- p. m.
Petitioner Allaudin Azad was appointed teacher in Education Department, Govt. of Rajasthan on 1. 9. 1954. Later on, he was selected by R. P. S. C. for the post of Senior Teacher & was appointed as such in the year 1968.
Petitioner Keshri Singh was appointed as Commercial Taxes Inspector on 19. 10. 1964, after selection by R. P. S. C. Later on, in the year 1971, he was promoted as Commercial Taxes Officer.
In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, His Highness the Rajpramukh of Rajasthan made Rajasthan Administrative Service Rules, 1954 (for short the Rules of 1954) for the recruitment to the post and the terms and conditions of service of the persons appointed to the said Service.
Rule 4 (l) (j) of the said Rules defines the word "member of Service", which means a person appointed in a substantive capacity to a post in the cadre of the Service under the provisions of Rules or of any rules or orders supereseded by rule 2.
(3.) RULE 4 (1) (1), defines the word "service", which means the Rajasthan Administrative Service.
Rule 4 (l) (o) defines the word "service" or "experience", which reads as under: - "service" or "experience" whenever prescribed in these rules as a condition for promotion from one Service to another or within the Service from one category to another or to senior posts, in the case of a person holding a lower post eligible for promotion to higher post shall include the period for which the person has continuously worked on such lower post after regular selection in accordance with Rules promulgated under proviso to Article 309 of the Constitution of India.
Rule 9 (l) (a) of the Rules 1954, provides that subject to the provisions of these rules, the Appointing Authority shall determine on 1. 04. every year, the actual number of vacancies occurring during the financial year.
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