2018 (10) TMI 1212

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.... submits that issue involved in this writ petition is covered by the judgment passed by a coordinate bench of this court in the matter of Rajasthan Excise Service Association Jaipur Vs. State of Rajasthan S. B. Civil Writ Petition No. 6287 of 1990 decided on 11.05.2001, wherein it has been held as under:- "9. Before parting with the judgment, the court expresses its anxiety for non-action of the respondent State so far the determination of strength of the service is concerned. Sub-rule (2) of Rule 4 states that the strength of the post in each of the cadre is to be determined by the Government from time to time with minimum of 4 posts of District Excise Officers to be encadred under Sub-rule (c). It is admitted in the written state....

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....this court vide order dated 05.04.2018 as under:- "By this appeal, a challenge is made to the order dated 11.5.2001, passed by the learned Single Judge, dismissing the writ petition for challenge to Rule 4 (2) (c) and Rule 13 of the Rajasthan Excise Service (General Branch) Rules, 1974 (in short the 'Rules of 1974'). The challenge to the rules was made without making difference between the cadre post and the post not encadred under the Rules of 1974 but a cadre post in other service. The officer to be sent in the Excise Department by way of deputation. A reference of Rules 4 & 13 of the Rules of 1974 is relevant and thus quoted hereunder : "(4) Composition and Strength of the service (1) The nature of posts included in eac....

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....er is to be made from and amongst the members of service based on merit in accordance to the procedure laid down under Rule 11 (a) of the Rules of 1974. Rule 13 thereupon provides for appointment of certain other senior posts, not encadred in the service from and amongst the members of Indian Administrative Service and the Rajasthan Excise (Preventive Officers) Service but not exceeding for the period of two years. There exist difference between the cadre post and not encadred in the service. The petitioner cannot make a claim against a post not encadred under the Rules of 1974, but the present writ petition has been filed for the aforesaid purpose thus, was dismissed by the learned Single Judge after a detailed j....