BHAGWAN SINGH Vs. STATE

JUDGEMENT

(1.) BY the instant writ petition, the petitioner, who is a member of Rajasthan Legal Service, has prayed that the respondents be restrained from deputing any of Judicial Officers on the post of Joint Legal Remembrancer who are members of the Rajasthan Higher Judicial Service Rules, 1969 ["rules of 1969"].

(2.) THE petitioner is substantively holding the post of Dy. Legal Remembrancer and is eligible for promotion for the post of Joint Legal Remembrancer which is next higher post in hierarchy under the Rules of 1981 but because of Judicial Officers being posted on deputation to the post of Joint Legal Remembrancer, his right of consideration is being seriously jeopardized against the post included in the schedule appended to the Rajasthan Legal [state & Subordinate] Service Rules, 1981 ["rules of 1981"].

(3.) IT has been further urged by them that Rule 6 (b) (iii) of the Rules of 1981 is to be considered in an emergent situation where members of Rules of 1981 if are not eligible for promotion appointment can be made till they attain their eligibility from the officers of Rajasthan Higher Judicial Service and so far as Rule 41 is concerned which referred to repeal and saving the earlier Rules governing the Service of the legal services officers, stood repealed, but that will not repeal all other Service Rules which do not govern the service conditions of Legal Service Officers.