JUDGMENT 1. - In the instant writ petition under Article 226 of the Constitution of India, the petitioners have sought following directions:- "(a) The writ petition of the petitioners be allowed. (b) An appropriate writ, order or direction be issued to the respondents to make necessary amendment in the Rules to give effect to the settlement arrived on 25.2.1989 for increasing the promotion quota. (c) An appropriate writ, order or direction be issued to the respondents to determine the vacancies to be filled in from the promotion quota in accordance with law. (d) An appropriate writ, order or direction be issued restraining the respondents from making appointment on the posts of Ranger Gr.I through direction recruits while keeping the recruitment through promotion in abeyance. (e) An appropriate writ, order or direction be issued directing the respondents to treat the entire period of service including the period spent on the post of Dy. Ranger prior to its re-designation as Ranger Gr.II, as an experience for the purpose of eligibility for promotion on the posts of Ranger Gr.I. (f) An appropriate writ, order or direction be issued restraining the respondents from filling the posts from direct recruits until the proportionate strength of Ranger Gr.I is in balance in proportion to the direct recruits and promotees, as per Rules by promoting the incumbents from Ranger Gr.II. (g) by an appropriate writ, order or direction the respondents may be directed to determine the vacancies of Ranger Grade II yearwise before from 1970 and fill up them yearwise by promotion and give all consequential benefits to the members of petitioner No. 1, who get such promotions; (h) by an appropriate writ, order or direction the State Government may be directed to relax the requirement of experience of five years' working on the post of Ranger Grade II for purposes of promotion to the post of Ranger Grade I in case of the members of petitioner No. 1. (i) costs of the writ petition be awarded to the petitioners. 2. The learned counsel has fairly pressed only the prayer at item No. (c) and (e). 3. Briefly stated the facts of the case are that the petitioner Rajasthan Forest Subordinate Service Sangh claims to be an organisation of the Forest Subordinate Staff. The Forest Ranger Grade-II are the members of the aforesaid sangh. 2. The learned counsel has fairly pressed only the prayer at item No. (c) and (e). 3. Briefly stated the facts of the case are that the petitioner Rajasthan Forest Subordinate Service Sangh claims to be an organisation of the Forest Subordinate Staff. The Forest Ranger Grade-II are the members of the aforesaid sangh. The service conditions of the members of the sangh are governed by the Rajasthan Forest Subordinate Service Rules, 1963 (hereinafter referred to as "the Rules of 1963"). Under the Rules of 1963, for promotion on the post of Ranger-I, a Deputy Manager was required to possess five years experience on the said post. However, by notification dated 11.10.1988, Rajasthan Civil Service Revised Pay Scale Rules were amended and the post of Deputy Ranger in Subordinate Service Rules was redesignated as Ranger Grade-II w.e.f. 1.4.1988. Under the Rules, the post of Ranger Grade-I is to be filled 75% by direct recruitment and 25% by promotion. Rule 9 casts a duty on the appointing authority to determine on 1st April every year, the actual number of vacancies occurring during the financial year. 4. The grievance of the petitioners is that respondents have not determined the vacancies in accordance with the Rule 9, in other words, to say on 1st April of every year. The another submission of the petitioners is that the experience on the post of Deputy Ranger should be counted as experience on the post of Ranger Grade-II in view of the fact that in accordance with the notification dated 11.10.1988, the post of Deputy Ranger has been redesignated as Ranger Grade-II. The learned counsel appearing for the department has produced a letter dated 7.5.2002 which indicates that as on 1.3.2002 in all there are 337 sanctioned posts of Ranger Grade-I and against that 323 persons are working as Ranger Grade-I. The said vacancies were filled by the ratio of 75:25 i.e., 265 by direct recruitment and 58 by promotion. As regards another grievance, it is submitted that experience on the post of Deputy Ranger can be considered as Ranger Grade-II only w.e.f. 1.4.1988, the date of which the Rules of 1963 were modified. 5. It is submitted by Mr. M.S. Singhvi, learned counsel appearing for the petitioners that figure 58 arrived at by the respondents as vacancies earmarked for promotion out of 337 is incorrect. 5. It is submitted by Mr. M.S. Singhvi, learned counsel appearing for the petitioners that figure 58 arrived at by the respondents as vacancies earmarked for promotion out of 337 is incorrect. According to him, for promotion at least 84 vacancies are to be made available. It is further submitted that the respondents have committed error in computing the vacancies as lumpsum and such computation is incorrect being in violation of Rule 9 of Rules of 1963. The vacancies are required to be determined on yearwise basis. It is further submitted by Mr. Singhvi that even if the experience of Deputy Ranger prior to 1.4.1988 cannot be counted as experience on the post of Ranger Grade-II, the State has power under Rule 39 to relax the Rules. It is further submitted that in case the suitable candidates are not available said power can be exercised by the State. 6. I have considered the rival contentions. For convenience, Rule 9 of the Rule 1963 is extracted as follows:- "9. Determination of Vacancies:- (1)(a) Subject to the provisions of these Rules, the Appointing Authority, shall determine on 1st April every year, the actual number of vacancies occurring during the financial year. (b) Where a post is to be filled in by a single method as prescribed in the Rule or Schedule, the vacancies so determined shall be filled in by that method. (c) Where a post is to be filled in by more than one method as prescribed in the Rules or Schedule, the apportionment of vacancies, determined under clause (a) above, to each such method shall be done maintaining the prescribed proportion for the over-all number of posts already filled in. If any fraction of vacancies is left over, after apportionment of the vacancies in the manner prescribed above, the same shall be apportioned to the quota of various methods prescribed in a continuous cyclic order giving precedence to the promotion quota. (2) The Appointing Authority shall also determine the vacancies of earlier years yearwise which were required to be filled in by promotion, if such vacancies were not determined and filled earlier in the year in which they were required to be filled in." 7. A reading of the Rule clearly shows that it was incumbent upon the State Government in accordance with the aforesaid provision to determine in which year number of vacancies anticipated during the 12 months. A reading of the Rule clearly shows that it was incumbent upon the State Government in accordance with the aforesaid provision to determine in which year number of vacancies anticipated during the 12 months. No explanation worth the name on behalf of the respondents is given as to how the vacancies could not be determined in respect of the post of Ranger Grade-I since 1987. It clearly appears that provisions of Rule 9 were consistently ignored by the respondents. The compliance of Rule 9 is mandatory as held by the judgment of this court in Maqbool Ahmed v. State of Rajasthan and others, reported in 1984 RLR 768 . As far as another grievance with respect to the computing the experience on the post of Deputy Ranger is concerned, I am of the view that experience prior to April, 1988 cannot be considered for promotion, on the post of Ranger Grade-I. However, it is open for the concerned authority to consider and relax the requisite experience if the contingency so exists under Rule 39 of Rules of 1963. 8. In view of the aforesaid, I allow the writ petition and the respondent Nos. 1 and 2 are directed to determine the number of vacancies yearwise since 1987 in accordance with the provisions of Rule 9 of Rules of 1963 within a period of six months and then proceed forthwith to make substantive promotion to the post of Ranger Grade-I from the year to which vacancy related considering all candidates according to the eligibility, criteria and procedure for promotion under the Rules of 1963. No order as to costs.Petition allowed. *******