GHANSHYAM SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These appeals relate to the claim of the Lower Division Clerks/Upper Division Clerks, who were appointed as regular Stenographers (referred to as "special promotees") on 25.4.1992, under proviso (5A) to Rule 5 of the Rajasthan Secretariat Ministerial Service Rules, 1970 (for short 'the rules'), for retrospective appointment from 1978-1979 and the consequential seniority dispute between them and the directly recruited stenographers. The appellants in CA 4935/2006 are the special promotees. The appellants in CA No.4936/2006 are the direct recruits.

(2.) Rule 5 of the Rules related to method of recruitment and provided that recruitment to the service after the commencement of the rules shall be made by the following methods:-

(3.) Proviso (5A) was introduced in the Rules by way of amendment to Rule 5, vide notification dated 15.3.1978 and read as follows: