D S KOTHARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE two appeals arise out of the order passed by the, learned Single Judge dated April 25, 1974 by which he accepted the writ petition filed by the respondent Gopeshwar Bhatt and held that the order of the State Government dated April 2, 1973 regarding the, substantive appointments to the Selection grade of the Rajasthan Administrative Service (hereinafter referred to as the 'Service') was bad in law and struck down the same qua Gopeshwar Bhatt, who was the petitioner in the writ petition.

(2.) REALLY speaking the controversy in the present case is anoff shoot of the decision of their Lordships of the Supreme Court in Guman Singh v. State of Rajasthan and Ors. 1971 (2) SC 452.

(3.) THE State and the promotees filed special appeals; which were allowed by the Division Bench by its order dated January 20, 1970 which held that Sub -rule (2) of Rule 28B was valid as also the circular as well as the promotions made in accordance therewith. Soon after the aforesaid decision of this Court, the State Government passed an order on January 22, 1970 confirming the persons who were appointed by promotion to the Senior Scale of the Service by; the: orders dated December 7, 1966 and January 4, 1967.