Rajasthan Vs. Tarachand & Ors  INSC
152 (11 February 1997)
RAMASWAMY, S. SAGHIR AHMAD, G.B. PATTANAIK
11TH DAY OF FEBRUARY, 1997 Present:
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.
controversy raised in this case is already coverd by a judgment of this Court
reported in Shambhu Singh Meena 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
Petition is accordingly dismissed.