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PETITIONER: STATE OF RAJASTHAN

       Vs.

RESPONDENT: TARACHAND & ORS.

DATE OF JUDGMENT:       11/02/1997

BENCH: K. RAMASWAMY, S. SAGHIR AHMAD, G.B. PATTANAIK

ACT:

HEADNOTE:

JUDGMENT:                THE 11TH DAY OF FEBRUARY, 1997 Present:               Hon’ble Mr. Justice K. Ramaswamy               Hon’ble Mr. Justice S. Saghir Ahmad               Hon’ble Mr. Justice G.B. Pattanaik Aruneshwar Gupta and Manoj K. Das, Advs. for the Petitioner                          O R D E R      The following Order of the Court was delivered:                          O R D E R      Delay condoned.      The controversy  raised in  this case is already coverd by a  judgment of this Court reported in Shambhu Singh Meena Vs. State  of Rajasthan  (1995 (supp.2) SCC 431 wherein this court, on  consideration  of  rule  28-B  of  the  Rajasthan Administrative Service  Rules 1954 and its explanation as it stood prior  to November  3, 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 came  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.      The Petition is accordingly dismissed.