Full Judgment Text
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PETITIONER:
STATE OF RAJASTHAN
Vs.
RESPONDENT:
TARACHAND & ORS.
DATE OF JUDGMENT: 11/02/1997
BENCH:
K. RAMASWAMY, S. SAGHIR AHMAD, G.B. PATTANAIK
ACT:
HEADNOTE:
JUDGMENT:
THE 11TH DAY OF FEBRUARY, 1997
Present:
Hon’ble Mr. Justice K. Ramaswamy
Hon’ble Mr. Justice S. Saghir Ahmad
Hon’ble Mr. Justice G.B. Pattanaik
Aruneshwar Gupta and Manoj K. Das, Advs. for the Petitioner
O R D E R
The following Order of the Court was delivered:
O R D E R
Delay condoned.
The controversy raised in this case is already coverd
by a judgment of this Court reported in Shambhu Singh Meena
Vs. State of Rajasthan (1995 (supp.2) SCC 431 wherein this
court, on consideration of rule 28-B of the Rajasthan
Administrative Service Rules 1954 and its explanation as it
stood prior to November 3, 1991, had interpreted and held
that the rule requires that the record of the officer should
be outstanding or consistently very good and that would
imply that it should be so for the entire period under
consideration. The view of the High court, therefore, was
upheld and held that the amendment made on 30-11-1991, being
subsequent to the orders of promotions which were challenged
in those cases could not apply to the cases prior to the
amendment came into force. The same ratio applies to the
facts in this case. Therefore, we do not find any ground
warranting issuance of notice for interference.
The Petition is accordingly dismissed.