W.P.(C)(SH) No. 285/2009 Page 1 of 15 - Gauhati High Court
W.P.(C)(SH) No. 285/2009 Page 1 of 15 - Gauhati High Court
W.P.(C)(SH) No. 285/2009 Page 1 of 15 - Gauhati High Court
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egular basis immediately before the commencement <strong>of</strong> the Rules,shall be deemed to have been appointed in accordance with theprovisions <strong>of</strong> the Rules. Rule 4 (2) provides that regular continuousservice <strong>of</strong> personnel mentioned in sub-rule (1) in the respective cadreimmediately before commencement <strong>of</strong> the rules shall be counted forthe purpose <strong>of</strong> probation period, qualifying service for promotion,confirmation and pension in the service.14. The initial constitution <strong>of</strong> the cadre with stipulations made inRule -4 <strong>of</strong> the Rules 2006 leaves no scope for endeavouring that 10years <strong>of</strong> regular service in the grade will be counted from the date <strong>of</strong>absorption in <strong>2009</strong> and not otherwise. Rule 4 makes it abundantlyclear that entire length <strong>of</strong> service rendered prior to commencement <strong>of</strong>the Rules will be counted not only for other purposes, but also forpromotion.<strong>15</strong>. Admittedly the petitioner having been appointed in the year1996, he has completed 10 years <strong>of</strong> continuous service and thus,fulfills the requirement <strong>of</strong> the aforesaid Rules <strong>of</strong> 2006. As regards thebasic training course as prescribed by the Director General from timeto time, the petitioner has already undergone the said basic training.W.P.(C)(<strong>SH</strong>) <strong>No</strong>. <strong>285</strong>/<strong>2009</strong> <strong>Page</strong> 13 <strong>of</strong> <strong>15</strong>