State Of Rajasthan
v.
Tarachand

(Supreme Court Of India)

Special Leave to Petition (Civil) No. 3551 Of 1997 | 11-02-1997


1. Delay condoned.

2. The controversy raised in this case is already covered by a judgment of this Court reported in Shambhu Singh Meena v. State of Rajasthan wherein this Court, on consideration of Rule 28-B of the Rajasthan Administrative Service Rules, 1954 and its explanation as it stood prior to 30-11-1991, had interpreted and held that the Rule requires that the record of the officer should be outstanding or consistently very good and that would imply that it should be so for the entire period under consideration. The view of the High Court, therefore, was upheld and held that the amendment made on 30-11-1991, being subsequent to the orders of promotions which were challenged in those cases could not apply to the cases prior to the amendment coming into force. The same ratio applies to the facts in this case. Therefore, we do not find any ground warranting issuance of notice for interference.

3. The petition is accordingly dismissed.

Advocates List

For

For Petitioner
  • Shekhar Naphade
  • Mahesh Agrawal
  • Tarun Dua
For Respondent
  • S. Vani
  • B. Sunita Rao
  • Sushil Kumar Pathak

Bench List

HON'BLE JUSTICE G. B. PATTANAIK

HON'BLE JUSTICE K. RAMASWAMY

HON'BLE JUSTICE S. SAGHIR AHMED

Eq Citation

(1997) 2 SCC 705

AIR 1997 SC 1282

1997 SCC (L&S) 622

(1997) 75 FLR 974

JT 1997 (2) SC 639

1997 (2) SCALE 60