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TMI Blog2018 (4) TMI 1603X X X X Extracts X X X X X X X X Extracts X X X X ..... ocedure 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. Learned Single Judge has given direction to the Department to determine the cadre post though during the course of arguments, learned counsel for the petitioner himself made a reference of 32 cadre post and 8 posts not encadered. If that is so, determination of cadre post under the Rules exist so the post not encadred - there is no reason ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (b) That the Government may leave unfilled or hold in abeyance or abolish or allow to lapse any post permanent or temporary from time to time without thereby entitling any person to any compensation. (c) Such number of posts of District Excise Officer 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. 13- Appointment to Senior Posts 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. Appointments to such senior posts not encadred in the Service may be made by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ive Service and the Rajasthan Excise (Preventive Officers) Service though it would be by way of deputation not exceeding the period of two years. The posts which are not encadred under the Rules of 1974 are otherwise cadre post of Indian Administrative Service and Rajasthan Excise (Preventive Officers) Service. Those posts can be filled from amognst the member of Indian Administrative Service or Rajasthan Excise (Preventive Officers) Service. It can be only by way of deputation. The learned Single Judge dismissed the writ petition not only on challenge to the validity of the rules but even on merit. Taking into consideration the aforesaid, we find no reason to interfere in the order impugned herein. Learned Single Judge has given directi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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