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2010 (9) TMI 1076 - SC - Indian LawsWhat is the scope and interpretation of second proviso to Rule 8(2) of the 1975 rules? Whether the Additional District and Sessions Judges, holding the posts on April 5, 1975, can claim that by operation of the 1974 Rules they stood appointed to the service and as such consumed all the posts which were available on April 5, 1975 or they were only entitled to vacancies under the second proviso to Rule 8(2) of the 1975 rules? Whether the period of continuous officiation in case of a promotee, for determining seniority, is to be counted in terms of First proviso to Rule 26(1)(a) of the 1975 Rules or in accordance with the principle adopted by the High Court. Isn't it the requirement of law that a promotee is entitled to seniority in the service from the date when vacancy in his quota became available? Seniority and appointment in the service being inter- linked a further question which necessarily arises for our consideration is whether Rules 22(3) and 22(4) of the 1975 rules, which provide appointments to temporary posts in the service from two sources of promotees excluding the direct recruits, can be legally sustained?
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