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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.