RAM NARAYAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this writ petition, the petitioner seeks to challenge the third proviso to Rule 17 of the Rajasthan Panchayat. Samities and Zila Parishads Service Rules, 1959 as ultravires to the Constitution of India and prays that the Notification dated. 22. 2,1991 (Anx. P/2) and Notification dated 26. 2. 1991 (Anx. P/3) being contrary to the provisions of Section 88 (2) (a) of the Rajasthan Panchayat Samities and Zila Parishads Act,1959 may be declared ultravires. It has also been prayed that the Circular dated 11. 8. 1989 (Anx. P/6)may be declared illegal and the petitioner's termination may be treated null and void and he may be treated in service with all consequential benefits and whatsoever selection made in pursuance of Anx. P/4 (Advertisement no. 5/91) by the alleged D. E. C. may be treated as null and void.

(2.) THE writ petition is pending admission since 28. 1. 1993.

(3.) WE have heard learned counsel for the parties and perused the material on record as well as the case law cited at Bar.