RAJASTHAN ASSISTANT ACCOUNTS OFFICERS ASSOCIATION, DISTRICT BRANCH, JAIPUR THROUGH, ITS PRESIDENT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner, which is the representative body of the Rajasthan Assistant Accounts Officers' Association, District Branch, Jaipur through its President, by way of the instant writ petition, has raised the question for determination by this court as to whether it was open to respondents to fill-up the vacancies in Rajasthan Accounts Service without determining at first instance the actual number of sanctioned posts in the said cadre?

(2.) During the pendency of this writ petition, the petitioner has filed an additional affidavit from which it is apparent that the State Government has leased clarification-cum-direction vide its order dated 7.9.1996, which is self-explanatory and which clarifies that the vacancies should be determined on the basis of total number of sanctioned posts in service irrespective of nomenclature/scale of the posts.

(3.) The perusal of the aforesaid circular, which is forming part of the additional affidavit vide Annexures 14 & 15 dated 7.9.1996 & 13.11.1996 respectively, reveals that the State Government has already done the necessary exercise is not only determining the total number of sanctioned posts in the Rajasthan Accounts Services cadre but has also done the needful by determining the said vacancies category-wise and it is only thereafter that recruitment's have been made in various services by way of the open competitive examination conducted by the Rajasthan Public Service Commission for short "R.P.S.C." and also in accordance with other methods, prescribed by the appointing authority. Hence it cannot be said that the recruitment in said service in the financial year 1993-94 or in the subsequent years has been done by the respondents contrary to the aforesaid procedure. In view of the Notification dated 13.11.1996, which was issued by the Department of Personnel, Government of Rajasthan on 13.11.1996 vide (Annexure-15), in exercise of the powers conferred on the State by the proviso to Art. 309 of the Constitution of India, after carrying-out necessary amendment in the Services Rules, the following new Rule mentioned in column No. 4 was added as follows: