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Ramdhan Mali And Ors vs Rajasthan State Warehousing Co on 17 August, 2009 cites

State Of Rajasthan vs Shri Shyam Lal Joshi And Others on 16 November, 1993

3. Learned counsel for the petitioners have cited Division Bench of this Court in State of Rajasthan Vs. Mani Lal Hoshi : DB Civil Special Appeal (Writ) No.828/2002 decided on 25.11.2002 and State of Rajasthan Vs. Bhagirath : DB Civil Special Appeal (Writ) No.755/2001 decided on 31.1.2003 and relying on these two judgments the Division Bench of this Court later decided on appeal filed by Baldev Singh Vs. State of Rajasthan & Ors. : WLC (Raj.) 2008 (4), 673. Learned counsel also relied on number of other decisions by different Single Benches of this Court on the same controversy. The crux of the argument is that writ-petitioners were originally promoted on the post of LDC/Store Keeper Grade-II on the basis of 'Prathama and Madhyama' qualification held by them which at the relevant time was considered as equivalent to secondary for the purpose of their eligibility. Subsequent derecognition of the same by amendment in the relevant rules is bad in law. It was argued that Division Bench of this Court in the aforesaid judgments held that when promotion was granted to the petitioners more than a decade and it would be now unjust and harsh upon them to revert if they served sufficient length of service i.e. 15 years on the post of promotion.
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