STATE OF RAJASTHAN AND OTHERS Vs. JITENDRA KUMAR AND OTHERS
LAWS(RAJ)-2018-1-201
HIGH COURT OF RAJASTHAN
Decided on January 02,2018

State Of Rajasthan And Others Appellant
VERSUS
Jitendra Kumar And Others Respondents

JUDGEMENT

- (1.) Application No. 552/2017 : For the reasons stated in the application delay in filing the appeal is condoned. Special Appeals (writ): Heard learned counsel for the appellants.
(2.) Issue before the learned Single Judge was whether Lower Divisional Clerks and Upper Divisional Clerks in the Panchayat Raj Department are ministerial staff as envisaged under Rule 6(iii) of the Rajasthan Subordinate Accountant Service Rules, 1963. The issue arose in context of 12.5% reservation available for Ministerial Staff in Departments of the Government.
(3.) The Rule in question has been noted by the learned Single Judge. It reads as under:- "6. Method of Recruitment.- Recruitment to the Service shall be made in the manner specified in column 3 of the Schedule by requirement in accordance with Part IV of these Rules: (i) ... ... ... (ii) ... ... ... (iii) Provided also further that 12 1/2 of the posts of Junior Accountants to be filled in by direct recruitment shall be reserved for being filled in from amongst the ministerial staff of all the departments of the Government holding a post in the cadre substantively, subject to their being found otherwise eligible for such recruitment under the Rules. The reservations shall be carried forward only to the next succeeding year.";


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