ASHOK KUMAR GAUR,J. - (1.) The present batch of writ petitions involves common issue relating to method of recruitment on the post of Junior Accountants against 12.5% by way of direct recruitment from the ministerial staff of all the departments of Government holding a post in the cadre substantively. The prayer made in the present batch of writ petition is also to declare petitioners appointed substantively, on the post of Lower Division Clerk for the purpose of considering their cases under Rule 6(iii) of the Rajasthan Subordinate Accounts Service Rules, 1963.
(2.) Since the issues raised in the petitions and prayer made are common, the present writ petitions are decided by this common order. The facts from S.B.Civil Writ Petition No.10008/2017 are taken as a lead case to decide the present controversy.
(3.) The petitioners are the candidates who appeared in the competitive examination conducted in 2011 by the Rajasthan Public Service Commission (hereinafter called, "RPSC") for the post of Lower Divisional Clerk as per Rajasthan Subordinate Offices Ministerial Service Rules, 1999 (hereinafter called, "Ministerial Rules, 1999"). The petitioners after declared being successful in the said examination, came to be appointed in the year 2013 on the post of Lower Divisional Clerk and they were put on probation for period of 2 years and were fixed in pay band of Rs.5200-20200. The petitioners have asserted in the petition that they were appointed on substantive basis as per mandate of Rule 38 of the Ministerial Rules, 1999 and their appointment was substantive in nature as per definition given in Rule 2(k) of the Ministerial Rules, 1999.;