- (1.) THESE two appeals arise out of the order passed by the, learned Single Judge dated April 25, 1974 by which he accepted the writ petition filed by the respondent Gopeshwar Bhatt and held that the order of the State Government dated April 2, 1973 regarding the, substantive appointments to the Selection grade of the Rajasthan Administrative Service (hereinafter referred to as the 'Service') was bad in law and struck down the same qua Gopeshwar Bhatt, who was the petitioner in the writ petition.
(2.) REALLY speaking the controversy in the present case is anoff shoot of the decision of their Lordships of the Supreme Court in Guman Singh v. State of Rajasthan and Ors. 1971 (2) SC 452. The relevant facts briefly stated are that the appellants in appeal No. 84 of 1974 as well as the respondent No. 5 to 9 are members of the Service which was initially constituted in the year 1950 and the rules governing the conditions of the members of the Service were framed in 1954 under Article 309 of the Constitution of India and are known as the Rajasthan Administrative Service Rules (hereinafter referred to as the Rules) Under the Rules the Service has three cadres of pay namely, the Ordinary Time Scale, the Senior Scale and the Selection Scale. The appointments to the Senior Scale and the Selection Scale are made by promotion on the basis of merit and seniority -cum - merit from the Ordinary Time Scale, the Senior Scale respectively according to the Rules Initially the promotions were made only on the basis of seniority -cum -merit. However; in the year 1965 an amendment was made in the Rules, introducing the system of making promotions to the higher grade in the Service on the basis of merit alone in Addition to the already existing system of making promotion on the basis of seniority -cum -merit. In the year 1965 the proportion of vacancies to be filled in by promotion on the basis of merit and on the basis of seniority -cum -merit was 1:1, but on August 26, 1966 the Rules were further amended and the proportion of promotions to be made on the basis of merit and seniority -cum -merit was modified as 1:2. On August 27, 1966 the Chief Secretary to the State Government issued a circular which introduced a marking system in the matter of selection, promotion and appointment to the Service. Promotions to the senior scale of the Service were made on the basis of the aforesaid marking formula in respect of the seniority -cum -merit quota by the order dated December 7, 1966 while, the promotions in respect of the merit quota were made by the order of the State Government dated January 4, 1967. The validity of these promotions as well as the legality and validity of the circular dated August 27, 1966 containing the marking, formula, on the basis of which they were made, were challenged by Guman Singh, a member of the Service, in this Court by means of a writ petition. The learned Single Judge held that Sub -rule (2) of Rule 28B if the Rules was bad in law and struck down the circular dated August 27, 1988 holding the same to be repugnant o the Rules as wall as the promotion made under the order dated January 4, 1967 on the basis of the aforesaid circular.
(3.) THE State and the promotees filed special appeals; which were allowed by the Division Bench by its order dated January 20, 1970 which held that Sub -rule (2) of Rule 28B was valid as also the circular as well as the promotions made in accordance therewith. Soon after the aforesaid decision of this Court, the State Government passed an order on January 22, 1970 confirming the persons who were appointed by promotion to the Senior Scale of the Service by; the: orders dated December 7, 1966 and January 4, 1967.;