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TMI Blog2018 (10) TMI 1212X X X X Extracts X X X X X X X X Extracts X X X X ..... S.B. Civil Writs No. 4762/2000 - - - Dated:- 11-9-2018 - Mr. Justice Inderjeet Singh For the Petitioner(s) : None For the Respondent(s) : Mr. Y. S. Jadaun on behalf of Mr. S. K. Gupta, Mr. R. B. Mathur And Mr. Nikhil Simlot ORDER Counsel for the respondent 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 i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... smissed. Being aggrieved by the judgment dated 11.05.2001 the petitioners therein filed D.B. Special Appeal Writ No. 663/2007 in the matter of Rajasthan Excise Service Association, Jaipur Vs. State of Rajasthan which was dismissed by the Division Bench of 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 servi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Excise (Preventive Officers) Service on deputation for a period not exceeding two years. The perusal of Rule 13 makes it clear that appointment to the senior post and, in the present case, to the post of District Excise Officer 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 p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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