Service rules may differentiate encadred and non-encadred posts, allowing deputation for the latter and defeating the challenge.

Rajasthan Excise Service rules validly distinguished between encadred and non-encadred senior posts, and prescribed different modes of appointment for each category. For encadred posts, appointment had to follow the merit-based procedure laid down in the rules; for non-encadred posts, the Government could fill them by deputation from specified services for a limited period. A person without an enforceable claim to a non-encadred post could not challenge that scheme. The challenge to Rule 4(2)(c) and Rule 13 therefore failed, and the provisions were upheld.

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Issues: Whether Rule 4(2)(c) and Rule 13 of the Rajasthan Excise Service (General Branch) Rules, 1974 were liable to be struck down on the ground that they permitted appointment to senior posts not encadred in the service by deputation from other services.

Analysis: The Rules distinguished between posts encadred in the service and posts not encadred in the service. Rule 13 required appointment to senior posts encadred in the service to be made on merit in accordance with the prescribed procedure, while appointment to senior posts not encadred in the service could be made by the Government from among members of the Indian Administrative Service and the Rajasthan Excise (Preventive Officers) Service on deputation for a limited period. The Court found that the petitioner could not claim a right to a post not encadred under the Rules, and the scheme of the Rules itself provided for determination of cadre strength and the manner of filling such posts.

Conclusion: The challenge to Rule 4(2)(c) and Rule 13 failed and the provisions were upheld.

Final Conclusion: The appeal was dismissed as the Court found no ground to interfere with the judgment upholding the validity of the service rules.

Ratio Decidendi: Where service rules validly differentiate between encadred and non-encadred posts and prescribe the mode of appointment for each category, a challenge by a person having no enforceable claim to a non-encadred post will not succeed.

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