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6. In reply to the writ petition, it is submitted that the rules provide four posts of District Excise Officers to be the minimum posts which are to be encadred in service and all the remaining posts are excadred posts. In regard to the notification dated 12.1.1988 (Annexure-1) it is stated that there were 7 categories mentioned therein i.e RAS Supertime Scale, Selection Scale post, Senior Scale post and Junior Scale post. The post of District Excise Officer falls in the category of Senior Scale Post. Total number of four categories aforesaid comes to 483 and the 5th category 20% posts have been reserved for deputation for holding excadred posts i.e. total 97 posts. It is further stated in the written statement that it shall be misnomour to state that the notification dated 12.1.1988 only restrict the right of the State Government to appoint upto three posts only on deputation. As per the rules, the Government can post any person on excadred post. It is also stated in the written statement by the Government that the State Government has not yet determined the number of posts of District Excise Officers for encadering in service and, therefore, only four posts as per Rule 4(2)(c) are deemed to have been encadred. In para 9 of the reply filed by the State, it is stated that at the time of filing of the written statement there were 20 posts of District Excise Officers in the State of Rajasthan and out of these 13 persons were from the Excise Service and 7 from the Rajasthan Administrative Service. Apart from above, three more posts have been created which have also been filled up from Rajasthan Excise Officer to officiate as District Excise Officers and, therefore, sufficient opportunities are being availed for promotion to the post of District Excise Officer to Service personnel. It is stated that apart from three posts of District Excise Officer, Jaipur, Jodhpur and Udaipur, four other excadred posts were filled up from RAS Officers as per the notification dated 12.1.1988, which empowers the department to fill up 20% of the total posts on deputation and reserved for excadred posts on the request made by the Finance Department i.e. in the cities of Ajmer, Kota, Ganganagar and Alwar. It was the Finance Department being Administrative Department of Excise, had asked for such posting of four additional persons on deputation. As per additional reply filed by the department, supported by affidavit in April 1995, it is stated that at present as many as 17 posts of District Excise Officers are being handled by the department personnel, even though the rule limits is to four posts only, out of which 17 posts 16 have been appointed by way of promotion and one Assistant Excise Officer has been appointed on working arrangement basis.