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TMI Blog2001 (5) TMI 968X X X X Extracts X X X X X X X X Extracts X X X X ..... bolish or allow to lapse any post permanent or temporary from time to time. Sub-clause (c) of Rule 4 says that such number of posts of District Excise Officers as may be determined by the Government, shall be encadred in the service except that not less than 4 posts of District Excise Officers shall be in the service. 2. Rule 13 of the rules provides that subject to the provisions of rule 8, appointment to senior posts encadred in the service shall be made by the Government on the basis of merit alone in accordance with the procedure laid down in Rule 11-A and appointments to such senior posts not encadred in the Service maybe made by the Government from amongst the members of the Indian Administrative Service, Rajasthan Administrative S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Service or the Rajasthan Excise (Preventive Officers) Service on deputation for a period not exceeding two years. 3. The petitioner No. 1 who is an association of the staff of Excise Department has come up in this writ petition for declaring Rule 13 of the Rules in so far it permits the State Government to make appointment of the members of IAS and RAS etc. on deputation and Sub-Clause (c) of Sub-rule (2) of Rule 4 of the aforesaid rules as unconstitutional and violative of Article 14 and 16 of the Constitution of India. 4. Alternative prayer has also been made that the appointment of RAS Officers as District Excise Officers exceeding 3 in number to be against the notification dated 12.1.1988 may be declared to be as usurpers of the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Departmental officers instead on deputation from Administrative Services. The challenge is being made on arbitrationess of fixing the minimum posts in the cadre. 6. In reply to the writ petition, it is submitted that the rules provide four posts of District Excise Officers to be the minimum posts which are to be encadred in service and all the remaining posts are excadred posts. In regard to the notification dated 12.1.1988 (Annexure-1) it is stated that there were 7 categories mentioned therein i.e RAS Suppertime Scale, Selection Scale post, Senior Scale post and Junior Scale post. The post of District Excise Officer falls in the category of Senior Scale Post. Total number of four categories aforesaid comes to 483 and the 5th category ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n and reserved for excadred posts on the request made by the Finance Department i.e. in the cities of Ajmer, Kota, Ganganagar and Alwar. It was the Finance Department being Administrative Department of Excise, had asked for such posting of four additional persons on deputation. As per additional reply filed by the department, supported by affidavit in April 1995, it is stated that at present as many as 17 posts of District Excise Officers are being handled by the department personnel, even though the rule limits is to four posts only, out of which 17 posts 16 have been appointed by way of promotion and one Assistant Excise Officer has been appointed on working arrangement basis. 7. From the above-said narration of facts and the point inv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... up by way of promotion which is not denied and thus there is 100% filling up the posts of District Excise Officers cadre so far the encadred posts are concerned. Even out of excadred post as per the written statement, it is stated that the Government has already promoted 16 persons and only 7 posts are being offered on deputation to RAS officers. It is true that as per notification Annexure-1 attached to the writ petition, while determining the excadred post for RAS only 3 posts were reserved to be filled up by way of deputation from RAS personnel, but vide another notification dated 7.12.1995 which has been placed on record, issued by the Government of Rajasthan, Personnel Administrative Reforms Department and under Rule 6 of the RAS Ru ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... epted and the writ petition is to be dismissed. 9. Before parting with the judgment, the court express 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 statement that the Government has not so far determined the strength which according to me is not justified for the Government to say so, specially when the officers from the department are concerned about their future promotions etc. Even though as per the written stateme ..... X X X X Extracts X X X X X X X X Extracts X X X X
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