AJEET SINGH SINGHVI ETC. versus STATE OF RAJASTHAN AND OTHERS ETC.

Citation: [1991] 1 S.C.R. 579 · Decided: 20-02-1991 · Supreme Court of India · Bench: M.M. PUNCHHI · Disposal: Dismissed

Cited by 1 judgment(s) · cites 2 · see the full citation network in Lexace

Judgment (excerpt)

AJEET SINGH SINGHVI ETC. 
·v: 
--)--· 
STATE OF.RAJASTHAN AND OTHERS ETC. 
FEBRUARY 20, 1991 
A 
[MADAN MOHAN PUNCHHI AND R.M. SAHAI, JJ.] 
B 
Rajasthan Administrative Service Rules, 1954--Rules 6, 28-B and 
_l 32-'Higher post' 'highest post'-Jdentification of-Super time scale 
'posts-Whether highest post. 
The appellants are high ranking officers in the Rajasthan 
Administrative Service governed by the Rajastban Admiriistrative 
_ Service Rules, 1954. Consequent upon the amendment caused to the 
said rules on July 17, 1987, they felt that the amendment had affected 
their. further promotional chances. They therefore filed writ petitions 
before the High Court challenging the vires of the amendment dated 
17. 7 .1987 contending that the creation of Super Time scale did not have 
the automatic effect of creating highest post /posts to be filled by merit 
alone, and that the posts to which Super Time Scale wa~ attracted 
remained 'higher posts' in contrast to 'highest posts' available to the 
members of the Rajastban Administrative Service on the prescribed 
percentage of 50 per cent on merit and the remaining fifty per cent on 
seniority-cum-merit. Their case was that selection to the highest posts 
made under the amended rule sole!y on the basis of the merit was bad in 
law. Before the High Court challenge to the vires of the amendment was 
abandoned and the High Court considered the questions (i) whether the 
Super time scale is/are the highest post/posts in the service and 
c 
D 
E 
(ii) if it is so, whether the post/posts is/are to be filled on the basis 
F 
of seniority-cum-merit in the proportion of 50:50 or on merit 
alone in accordance with sub-rule (7) of Rule 28-B of the ~oles: 
The High Court rejected the writ petitions opening that the Super 
'l'ime Scale post/posts was/were the highest post/posts in the service 
and those are requited to be filled on merit alone and not in the propor-
G 
tion of 50:50 on the basis of merit and seniority-cum-merit. Hence these 
appeals by the appellants. 
-· 
Dismissing the appeals this Court 
HELD: The terms 'higher post' and 'highest post' occurring in H 
579 
580 
SUPREME COURT REPORTS 
[1991] 1 S.C.R. 
Rules 28-B and 32 by all means are relative ones expected to be created 
A 
in singular or plural terms under Rule 6 whereunder the strength of ·~ 
posts in each gr~de was determinable by the government from time to 
time. Sub-rule (7) even before the amendment of 17.7.1987 postulated a 
highest (>OSt/posts p.pable of being filled oo the~ of merit alone. [590G-H] 
B 
Super Time Scale posts are the highest posts in the service and 
selection for promotion and appointment on that basis in the service has 
to be made on the basis of merit alone and not on the basis of seniority-T"-
cum-merit in the proportion of 50:50. [591G] 
J.K. Cotton Spinning & Weaving Mills Co. Ltd. v. State of U.P. 
and Ors. [1961] 3. SCR 185; Lt. Col. Prithi Pal Singh Bedi etc. v. 
--.,.
C 
Union of India and Ors. [1983] 1. SCR 393-referred to. 
CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 4032 
& 4033 of 1989. 
r 
D 
From the Judgment and Order dated 30.4.1988 of the Rajasthan 
High Court in D.B. Civil W.P. Nos. 694 & 696of1988. 
Appellant in person in C.A. No. 4032 of 1989. Rajinder Sachher, 
and Ravinder Bana for the Appellant in C.A. No. 4033 of 1989. 
E 
Aruneshwar Gupta for the Respondents in both the appeals. 
F 
G 
H 
The Judgment of the Court was delivered by 
PUNCHHI, J. The identification of the highest post/posts in the 
Rajasthan Administrative Service, capable of being filled by merit 
alone, under sub-rule (7) of Rule 28-B of the Rajasthan Administra-
tive Service Rules, 1954 (hereafter referred to as the 'Rules'), is the 
search undertaken in these two connected appeals by special leave. 
The respective appellants herein are Ajeet Singh Singhvi, who 
appeared in person, and Jagbir Singh who appeared through his 
learned counsel. Both the appellants, at the time they moved the 
Ra jasthan High Court by means of their respective writ petitions, were 
high ranked officers in the Rajasthan Administrative Service but ~i-­
found their further chances to promotion obstacled on account of the 
amendments caused in the said Rules with effect from Julyl7, 1987. 
Proadiy· stated, on such amendments a Super Time scale was created 
which statedly was to remove stagnation in service. The contention of 
A.S. SINGHVI v. STATE OF RAJASTHAN [PUNCHHI, J.) 
581 
~the appellants before the High Court 

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