JUDGMENT 1. - The petitioner was initially appointed in the RAS in the year 1978. He was initially granted Selection Scale against the year 1988-89 on the basis of recommendation of the Departmental Promotion Committee vide letter dated 23rd Feb., 1989, copy of which is attached as Annex. 2. Because of certain judgments, exercise of granted selected scale was reshuffled and vide decision of the review DPC, the selection scale of the petitioner was re-fixed against the vacancy of the year 1991-92 vide order dated 23.12.1996. 2. Under Rule 32 of the RAS Rules, 1954, it is provided that no member of service who has not completed three years of service in selection scale post and 20 years of service in all on the posts shall be eligible for appointment on the super time scale post. Rule 32(3) of the Rules reads as under : "No member of the service who has not completed 3 years service on selection scale posts and 20 years service in all on the posts included in the service shall be eligible for appointment on the super time scale posts." 3. Two conditions are essential for promotion to the super time scale post i.e. total service of 20 years which, admittedly, the petitioner fulfils and three years service on selection scale posts. 4. It is contention of the petitioner that as a matter of fact on 31.3.1994, he had completed 5 years of service in the selection scale having been so promoted initially in the year 1988-89 which order was modified by a new order to the year 1991-92 later on and, therefore, should have been promoted to the super time scale post against the vacancy for the year 1994-95. It is stated that the DPC for promotion to the super time scale post for the vacancy of the year 1996-97 on the basis of merit was held and the petitioner has been allotted for the year 1996-97 instead of 1994-95 vide Annex. 4 attached to the writ petition. The name of the petitioner appears at serial No. 9 for the year 1996-97. The petitioner made a representation Annex. 5 claiming promotion to the super time scale post for the year 1994-95. 4 attached to the writ petition. The name of the petitioner appears at serial No. 9 for the year 1996-97. The petitioner made a representation Annex. 5 claiming promotion to the super time scale post for the year 1994-95. The petitioner submits that even if the order of allotment of selection scale is taken to be 1991-92 and in that situation as well, he will be fulfilling both the conditions i.e. 20 years of complete service and 3 years service on selection scale post counting it from 1.4.1991 and thus, he became eligible for consideration against the merit quota on 1.4.94 itself even though he was regular holder of selection scale post from the year 1988-99. Thus, in any case if the selection scale is considered from 1.4.91, in that situation also, he fulfils the three years condition on 1.4.94 and prays for grant of super time scale on the basis of three years experience on selection scale post against the year 1994-95. 5. The facts are not denied by the State in the written statements filed on behalf of the non-petitioners. It is admitted that in re-fixing of the year of selection scale, the petitioner was promoted in the selection scale of RAS against the vacancy of the year 1991-92. It is also admitted in para 7 of the written statement that the petitioner had completed 20 years of service. But it is stated that the petitioner had not completed required years of service on 1.4.94. According to the respondents, experience on selection scale could only be counted from the year of allotment. It is not denied that the petitioner was initially granted selection scale in the year 1988-89 by the DPC and was continuing in the same when he was re-allotted the year 1991-92; therefore, it is submitted that the experience could only be counted from the year 1991-92. In the written statement, experience on selection scale is stated to be counted from 31.3.1992. In the written statement, experience on selection scale is stated to be counted from 31.3.1992. It is not disputed at the time of arguments that in case, the selection scale is counted from 31.3.1991 or 1.4.91, the petitioner would be completing 3 years of service on 1.4.1994 and would be eligible for consideration for Super Time Scale for the year 1994-95.The only question which is to be determined is whether though promotion on selection scale has been granted for the year 1991-92, the period should be counted from 1.4.91 or 1.4.92. It is not disputed that 1991-92 year stats from 1.4.91 and ends on 31.3.92. In the present case, if the petitioner has been promoted even according to the respondents on 1.4.91, his experience is bound to be counted from 1.4.91 and not from 1992. The contention of the respondents in this regard cannot be accepted. To substantiate his arguments that for counting experience the period is to start from 1.4.91, the petitioner relies on the judgment of this Court passed in Jai Narayan Meena v. State of Rajasthan and others, 1994(3) WLC 534 wherein it was held that Jai Narayan Meena who was allotted the year 1987-88 was deemed to have been regularly selected for RAS Scale on 1.4.1987 and each one of them would have fulfilled the experience as required in that case. In yet another order passed by this Court in D.B. Civil Special Appeal No. 1052/98 decided on 18.1.99, it was held as under:- "According to the relevant rules and the instructions issued by the State Government the 1st of April of the year of selection would be the date for counting the minimum experience which is laid down for granting promotion to the higher post. The respondent No. 1 being selected for the post of Excise Inspector Grade 1 in the year 1992-93, his experience shall be counted from 1st April of the relevant year." 6. The Division Bench had affirmed the Single Bench order passed in S.B. Civil Petition No. 3935/98. 7. From the discussions and reasons mentioned above, the writ petition is allowed with a direction that 1.4.1991 is the date when the experience of the petitioner is to be taken into consideration and the petitioner shall be completing 3 years on 1.4.94 and as per the Rules, he was fulfilling the three years experience on selection scale post for the year 1994-95. 8. In view of the above discussions, the writ petition is allowed with a direction that the Review DPC be held for consideration of the case of the petitioner for promotion to the post in Super Time Scale against the vacancy for the year 1994-95. The writ petition is allowed. There is no order as to cost.Petition allowed. *******