Judgment Anil Dev Singh, C.J.-In these batch of appeals, we are required to deal with the following question:- "Whether the period of adhoc service rendered by an employee should be calculated for the purpose of granting selection scale on completion of 9, 18 and 27 years of service or whether such service rendered prior to the date of regular appointment should not be counted?" 2. The Supreme Court in State of Haryana vs. Haryana Veterinary & AHTS Association & Anr., 2000 (8) SCC 4 , held that service rendered on adhoc basis will not be counted for grant of selection scale. A Division Bench, however, in State of Rajasthan vs. Uma Shankar Agarwal & Ors., D.B. Civil Special Appeal No.1142/2002, had distinguished the Judgment of the Supreme Court and took the view that the period of adhoc service rendered by an employee should be counted for the purpose of granting him selection scale. This view was taken on the ground that the Haryana Rules, on the basis of which AHTS case was decided by the Supreme Court were different than the rules with which we are concerned. Two of us doubting the correctness of the view of the earlier Division Bench referred the matters to the Full Bench. This is how the matters have come up before us. 3. In order to appreciate the controversy it may be necessary to narrate the facts of one of the writ petitions as the facts in all the cases broadly follow the same pattern with the difference in the dates of the appointments of the petitioners on adhoc or urgent temporary basis and dates of their regularization. For this purpose, we have selected appeal in Writ Petition No.58/2004 as the lead case. The facts of the case reveal that on November 3, 1979 the first respondent Farooq Ahmed was initially appointed against the post of Lower Division Clerk on temporary basis in the office of the Settlement Officer, Kota until RPSC selected candidates became available for a period of one year, whichever was earlier. The first respondent was placed in the pay scale of Rs.355-570/-. Besides he was also granted allowances permissible under rules. Pursuant to the order of his appointment he joined the post on November 7, 1979. The period of his appointment was extended from time to time. The first respondent was placed in the pay scale of Rs.355-570/-. Besides he was also granted allowances permissible under rules. Pursuant to the order of his appointment he joined the post on November 7, 1979. The period of his appointment was extended from time to time. It is not in dispute that the first respondent had passed the typing test and was placed in regular pay scale w.e.f. November 7, 1980 by the order of the Settlement Officer, Kota dated January 4, 1981. According to the appellants, the first respondent qualified the proficiency test held on July 5, 1981. On September 17, 1982, the services of the first respondent were regularized. On June 30, 1994 the first selection grade was given to the first respondent w.e.f. November 7, 1992 i.e., after completion of 9 years service from the date of his initial appointment. On March 22, 2000 the first respondent was given second selection grade w.e.f. August 20, 1999 on completion of 18 years from the date of passing proficiency test. The first respondent preferred a representation to the appellants against the grant of selection grade with effect from the date of passing of the proficiency test. The grievance of the first respondent was that he ought to have been granted second selection grade on completion of 18 years of service from the date of his initial appointment. It was inter alia pointed out in the representation that the first respondent had been drawing increments regularly from the date of his initial appointment and there was no justification to calculate 18 years of service from the date of passing of the proficiency test. The representation did not have the desired effect, whereupon the first respondent filed an appeal before the Rajasthan Civil Services Appellate Tribunal. The Tribunal allowed the appeal holding that the benefit selection grade ought to have been given by the computing the service from the date of initial appointment of the respondent. The appellants feeling aggrieved of the order passed by the Tribunal filed writ petition in this Court. The writ petition was dismissed by the learned Single Judge by order dated February 14, 2003. Not satisfied with the order passed by the learned Single Judge. The appellants filed the instant appeal. 4. As already pointed out, the facts of the other appeals are also similar. The writ petition was dismissed by the learned Single Judge by order dated February 14, 2003. Not satisfied with the order passed by the learned Single Judge. The appellants filed the instant appeal. 4. As already pointed out, the facts of the other appeals are also similar. We may notice that all the respondents were appointed on ad hoc/temporary basis between 1979 and 1989. The determination of the question involved in these appeals will largely depend upon various notifications issued by the State Government on the subject and the Rules governing the conditions of service of the respondent employees. 5. We have heard the leaned Counsel for the parties. 6. In order to determine the question involved in these writ petitions, it may be necessary to refer to the various Government orders, on the basis of witch Selection Scale of pay to low-paid employees is/was being given. The Deputy Secretary, Finance (Gr.2), Government of Rajasthan, Jaipur issued the Order No. F.17 (5) FD (Gr.2)/84 dated January 23, 1985, with a view to provide relief to those categories of persons working against the posts where promotional avenues were limited or non-existent. The order to the extent has bearing on the question in issue reads as under:- "The State Government issued Revised Pay Scales Rules, 1983, making it effective from 1st September, 1981. The Government while prescribing these Pay Scales enlarged the existing Scale by 3-5 stages in addition to merger of Dearness Allowance and fixation benefits. The main purpose of enlarging the maximum of Pay Scale was to provide some relief to those categories where promotional avenues were limited or non-existent. The Pay Scale of lowest category of employees in Pay Scale Nos. 1 and 2 and also that of Subordinate Police Service were substantially enlarged, for these reasons also. It has been represented to the Government that this has not afforded relief to some of the categories particularly to those Government servants who were holding isolated posts. It has also been represented that Government servants have not been able to get promotion in the next higher grade even after lapse of 15-20 years after regular service. It has been represented to the Government that this has not afforded relief to some of the categories particularly to those Government servants who were holding isolated posts. It has also been represented that Government servants have not been able to get promotion in the next higher grade even after lapse of 15-20 years after regular service. This has been engaging the attention of the Government for some time past, the matter has been looked into and with a view to provide some relief to the employees of the aforesaid categories drawing pay in the Revised Pay Scales maximum of which does not exceed Rs.1,550/-the Governor has been pleased to order that the Government servants in the Ministerial and Subordinate Services including isolated posts drawing pay in Rajasthan Civil Services (Revised Pay Scales) Rules, 1983 may be provided with Selection Scales as indicated above:- Ordinary Scale Scale No. Selection Scale Scale No. Remarks 370-530 3 380-610 4 380-610 4 400-700 5 400-700 5 420-740 6 420-740 6 450-840 7 460-840 7 520-925 9 (sic) 500-860 8 520-925 9 570-985 9 610-1090 10 610-1090 10 625-1120 11 640-1180 12 660-1240 13 660-1300 14 740-1420 15 780-1550 16 820-1550 17 640-1180 12 660-1180 12 660-1340 13 660-1300 14 740-1420 15 820-1550 17 820-1550 17 860-1750 18 .2. The appointment to the selection scale shall be subject to the fulfillment of the following conditions: .(i) Selection scale will be confined only to the Ministerial & Subordinate Services, except the following: .(a) Employees drawing pay in pay scale Nos. 1 and 2 of the Revised Pay Scale Rules, 1968 .(b)Members of Rajasthan Police Subordinate Service including Wireless and CID. .(c)Constable, Head-Constable, Platoon Commander of Home Guards. .(d)Members of Rajasthan Jail Subordinate Service. .(e)Members of Rajasthan Excise Subordinate Service. 3.The Selection Scale will not be admissible to those who do not possesses the requisite basic qualification for promotion to the higher post in regular line in accordance with relevant recruitment rules of the Service. 4.The number of posts of Selection Scale will be 10 % of such category of post as on 01.04.1984 including temporary posts under a particular appointing authority. In offices/departments where number of posts are less than ten or in fraction thereof , number of posts upto five shall be ignored and for six onwards shall be allowed one Selection Scale post. In offices/departments where number of posts are less than ten or in fraction thereof , number of posts upto five shall be ignored and for six onwards shall be allowed one Selection Scale post. Note: In respect of categories of posts where seniority is maintained by an authority senior to the appointing authority, the appointing authority for the purpose of this order shall be that senior authority. 5.The admissibility of selection scale will be on completion of 15 years of service after regular appointment on the post. 6.The selection scale would be confined only to persons regularly appointed to the lowest grade of a particular service or on an isolated post having no promotional avenue. 7.The grant of selection scale will be admissible strictly on seniority subject to rejection of unfit persons. 8.Selection scale will not be allowed to Government servants whose record of service is not satisfactory or to those who have been superseded or over- sighted on the basis of adverse record in the post. 9.Grant of Selection Scale will not affect the seniority of the persons in the cadre……………….." The aforesaid order was subsequently modified order No.F.17 (5) FD (Gr.2)/84 (RPS 20/85), dated March 29, 1985, whereby Selection Scale was made available to Government servant, drawing pay in the pay scales Nos. 1 and 2 of the Rajasthan Civil Services (Revised Pay Scales) Rules, 1983, belonging to subordinate services and Class IV Service and initially appointed to the ordinary scale as a lowest entry grade post of the service as indicated below :Ordinary ScaleScale No.Selection Scale Scale No. Remarks 350-430 (1) 360-460 (2) 360-460 (2) 370-530 (3) .... ... .... ... On January 25, 1992, the Government of Rajasthan issued Order No. F.20 (1) FD (Gr. 2)/12, dated January 25th, 1992, for and on behalf of the Governor of Rajasthan, whereby it prescribed Selection Grades for employees in Class IV, Ministerial & Subordinate Services and those holding isolated posts. This order was issued since the Government order dated January 23rd, 1985 did not provide any relief to the employees who were recruited directly to a post which was not lowest in the cadre and also the order dated January 23rd, 1985 did not deal with problem of stagnation in many cadres due to absence or limited opportunity of promotion. This order was issued since the Government order dated January 23rd, 1985 did not provide any relief to the employees who were recruited directly to a post which was not lowest in the cadre and also the order dated January 23rd, 1985 did not deal with problem of stagnation in many cadres due to absence or limited opportunity of promotion. The order, to the extent is relevant, reads as follows: "With a view to provide relief to the employees in Class IV, Ministerial and Subordinate Services and those holding isolated posts, Selection grades were proscribed for the lowest posts in these services and isolated posts vide this Department Order No.F.17 (5) FD (Gr. 2), dated 23.01.1985. This order was amended from time to time to ensure availability of the indented relief, prescription of Selection Grades as above resolved the problem of stagnation at the maximum of the lowest scale in the cadre and allowed increase in pay scale of the employees who were covered by the order. The aforesaid order, however, does not provide any relief to the employees who are recruited directly to a post which is not the lowest in the cadre and also does not deal with the problem of stagnation in many cadres due to absence or limited opportunity of promotion. This has been engaging the attention of the Government for some time past. The matter has been considered and in supersession of all orders issued in this regard in the past, the Governor has been pleased to order that the Government servants of the categories mentioned hereunder and who are drawing pay in the pay scales prescribed under the Rajasthan Civil Services (Revised Pay Scales) Rules, 1989 may be granted Selection Grades as indicated below: 1. This order shall be applicable to all Government servants in Class IV, Ministerial and Subordinate Services and those holding isolated posts and drawing pay in Revised Pay Scales, 1989, the maximum of which does not exceed Rs.3,220/-. This order shall not apply to Government servants in the State Services as defined in the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 and to those who have got Selection Grade of Rs.2,200-4,000/-in terms of this order. This order shall not apply to Government servants in the State Services as defined in the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 and to those who have got Selection Grade of Rs.2,200-4,000/-in terms of this order. 2(i) The First Selection Grade shall be granted from the day following the day on which one completes service of nine years, provided that the employee has not got one promotion earlier as is available in his existing cadre. (ii) The second Selection Grade shall be granted from the day following the day on which one completes service of eighteen years, provided that the employee has not got two promotions earlier as might be available in his existing cadre and the first Selection Grade granted to him was lower than the pay scale of Rs.2,200-4,000/-. (iii) The third Selection Grade shall be granted from the day following the day on which one completes service of twenty seven years, provided that the employee has not got three promotions earlier as might be available in his existing cadre and the first or the second Selection Grade granted to him, as the case may be, was lower than the pay scale of Rs.2,200 -4,000/-. 3. The service of nine, eighteen or twenty seven years, as the case may be, shall be counted from the date of first appointment in the existing cadre/service in accordance with the provisions contained in the Recruitment Rules; Provided that if an employee subsequent to his first appointment to a post in a cadre/service, as a result of direct recruitment, is appointed to some other post in the same cadre or any other cadre, service from the date of latter appointment shall be taken into consideration for the purpose of grant of Selection Grade. 7. Selection Grade in terms of this order shall be granted only to those employees whose record of service is satisfactory. The record of service which makes one eligible for promotion on the basis of seniority shall be considered to be satisfactory for the purpose of grant of the Selection Grade. 8. ... ... ... ... 9. Grant of Selection Grade shall not affect the seniority in the Cadre nor the sanctioned strength of each category of posts in the cadre.” Subsequently, the Finance Department, after a period of about one year, issued a clarificatory Order No. F.20 (1) FD (Gr.2)/92, dated April 3rd, 1993. 8. ... ... ... ... 9. Grant of Selection Grade shall not affect the seniority in the Cadre nor the sanctioned strength of each category of posts in the cadre.” Subsequently, the Finance Department, after a period of about one year, issued a clarificatory Order No. F.20 (1) FD (Gr.2)/92, dated April 3rd, 1993. The order is a long one and needs to be quoted to the extent the same is relevant for the purposes of disposal of the instant appeals. The order inter alia, states as follows:- “Attention is invited to Finance Departments order of even number dated 25.01.1992 as amended vide order dated 14.02.1992 on the subject mentioned above. Many Heads of Departments have solicited clarification on a number of points regarding grant of Selection Grades. Accordingly, the points in respect of which references were received are clarified as under: POINT OF DOUBT CLARIFICATION 1. ... 2. Years of service to be counted for the purpose of grant of Selection Grade. .... Years of service to be counted for grant of the Grade from the date employee has regularly been recruited in the existing/Cadre/service as per provisions contained in the relevant recruitment rules. For example the following period of service is not countable for grant of Selection Grade: (i) the period of service rendered in the other cadre/service before appointment in the exiting cadre/service. (ii) the period of service rendered in the existing cadre/service before regular appointment i.e., appointment in accordance with relevant recruitment rules to the post. ... ... ... ... ... ... ... ... Sd/-Deputy Secretary to the Government.” 7. On February 17, 1998, the Government of Rajasthan in supersession of all past orders on the subject issued a fresh order, prescribing Selection Grade to employees in Class IV, Ministerial and Subordinate Services and those holding isolated posts. The order to the extent is relevant, is reproduced below: "With a view to providing relief to the employees in Class IV, Ministerial and Subordinate Services and those holding isolated posts, three selection grades on completion of service of nine, eighteen and twenty seven years were proscribed vide this Department Order No. F.20 (1) FD (Gr. 2)/92 dated 25.01.1992. This order was amended from time to time. 2)/92 dated 25.01.1992. This order was amended from time to time. Consequent upon revision of pay scale of the State Government employees from 01.09.1996 under Rajasthan Civil Services (Revised Pay Scales) Rules, 1998 the matter has been considered and in supersession of all orders issued in this regard in the past, the Governor has been pleased to order that the Government servants of the categories mentioned hereunder and who are drawing pay in the pay scales prescribed under the Rajasthan Civil Services (Revised Pay Scales) Rules, 1998 may be granted Selection Grades as indicated below: 1. This order shall be applicable to all Government servants in Class IV, Ministerial and Subordinate Services and those holding isolated posts and drawing pay in Revised Pay Scales, 1998, the maximum of which does not exceed Rs.10,500/-. This order shall not apply to Government servants in the State Services as defined in the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 and to those who have got Selection Grade equivalent to the pay scales of the lowest post of State Service to which they are eligible for promotion or selection grade of 8,000-13,500/-whichever is lower in terms of this order. 2(i) The first Selection Grade shall be granted from the day following the day on which one completes service of nine years, provided that the employee has not got one promotion earlier as is available in his existing cadre. (ii) The second Selection Grade shall be granted from the day following the day on which one completes service of eighteen years, provided that the employee has not got two promotions earlier as might be available in his existing cadre and the first Selection Grade granted to him was lower than the pay scale of the lowest post of State Service to which he is eligible for promotion or Selection Grade of 8,000-13,500 whichever is lower. (iii) The third Selection Grade shall be granted from the day following the day on which one completes service of twenty seven years, provided that the employee has not got three promotions earlier as might be available in his existing cadre and the first or the second selection grade granted to him, as the case may be, was lower than the pay scale of the lowest post of State Service to which he is eligible for promotion or selection grade of 8,000-13,500 whichever is lower. 3. 3. The service of nine, eighteen or twenty seven years, as the case may be, shall be counted from the date of first appointment in the existing cadre/service in accordance with the provisions contained in the Recruitment Rules. The period during which a Government servant remained/remains on extraordinary leave with or without medical certificate shall also be counted for reckoning the period of service for grant of selection grade: Provided that if an employee subsequent to his first appointment to a post in a cadre/service, as a result of direct recruitment, is appointed to some other post in the same cadre or any other cadre, service from the date of latter appointment shall be taken into consideration for the purpose of grant of Selection Grade. Provided further that if an employee subsequent to his first appointment to a post in a cadre/service, in accordance with provisions contained in the relevant Service Rules, is promoted to a post in some other cadre, than in such a case service from the date of promotion shall be taken into consideration for the purpose of grant of selection Grade. 8. Grant of Selection Grade shall not affect the seniority in the cadre nor the sanctioned strength of each category of posts in the cadre." 8. Most of the aforesaid notifications have been considered by a Division Bench of this Court, in The State of Rajasthan & Ors. vs. Uma Shanker Agarwal & Ors., D.B. Civil Special Appeal (W) No.1142/2002, State of Rajasthan & Ors. vs. Govind Hari Chaturvedi, D.B. Civil Special Appeal (W) No. 1143/2002, State of Rajasthan & Ors. vs. Giriraj Vaishya & Anr., D.B. Civil Special Appeal .(W) No.782/2002, State of Rajasthan & Ors. vs. Narendra Kumar Tyagi, D.B. Civil Special Appeal .(W) No. 1084/2002, State of Rajasthan & Ors. vs. Kapoor Chand Gaur, D.B. Civil Special Appeal .(W) No. 1085/2002 and State of Rajasthan & Ors. vs. Najir Miyan & Anr., D.B. Civil Special Appeal .(W) No. 1086/2002. In common Judgment rendered by the Division Bench in the said cases on January 03rd, 2003, it was held that Selection Scale is to be granted by counting the period of service from the date of first appointment on the adhoc/temporary service. vs. Najir Miyan & Anr., D.B. Civil Special Appeal .(W) No. 1086/2002. In common Judgment rendered by the Division Bench in the said cases on January 03rd, 2003, it was held that Selection Scale is to be granted by counting the period of service from the date of first appointment on the adhoc/temporary service. In this regard, the Division Bench held as follows: "We called upon learned Additional Advocate General to show as to how the adhoc appointment as was given to the respondents/employees, was not an appointment in accordance with the relevant recruitment rules to the post. The only answer which was given by him was that their appointment was only adhoc appointment and, therefore, it cannot be treated as a regular appointment. It is certainly an appointment in accordance with the relevant recruitment rules and we do find that the relevant rules do provide for adhoc appointment and such rules are required to be followed. Once the relevant rules provide for adhoc appointment and such appointment has been given to the concerned employees in accordance with the rules, if it is not a regular appointment, period of service rendered on the basis of such appointment in accordance with the recruitment rules has to be counted for the purpose of grant of selection scale and, therefore, the question of denying the period of service rendered on the basis of initial adhoc appointment after completion of 9 years, 18 years and 27 years of service simply does not arise." While rendering the Judgment , the Division Bench distinguished the decision of the Supreme Court in the case of State of Haryana vs. Haryana Veterinary & AHTS Association & Anr., 2000 (8) SCC 4 , (for short, "Haryana Case") wherein the Supreme Court examining the scope of expression "regular service" occurring in the Haryana Government Circular No. 6/38/3PR(FD)-87, dated June 02, 1989 as modified by Circular dated May 16, 1990, held the service rendered on the basis of adhoc appointment made de hors the recruitment rules, although without interruption following by regular appointment on selection by the Public Service Commission, cannot be considered as regular service. The Division Bench rendering the Judgment in Uma Shanker Agarwals case (Supra), pointed out that the State was not able to show that the appointments of the petitioners on adhoc basis were outside the rules. The Division Bench rendering the Judgment in Uma Shanker Agarwals case (Supra), pointed out that the State was not able to show that the appointments of the petitioners on adhoc basis were outside the rules. It found as a matter of fact that the appointments of the respondents were in conformity with the rules and, therefore, the Division Bench was of the view that the Judgment rendered by the Supreme Court in the Haryana case (Supra), was not applicable. Similarly, the Division Bench distinguished the case of State of Punjab vs. Gurdeep Kumar Uppal, JT 2001 (5) SC 57, which was based on the decision rendered in the Haryana case (Supra). The Division Bench analyzing the decision of the Supreme Court rendered in Haryana case (Supra), was of the opinion that the services rendered on adhoc basis were not to be counted, if the adhoc appointment was de hors the recruitment rules. The Division Bench in Uma Shanker Agarwals case (Supra), held that in case the adhoc appointment is as per rules, services rendered on the basis of such adhoc appointment cannot be excluded for calculating the period of 9 years, 18 years and 27 years for earning the Selection Grade. 9. On deep consideration and scrutiny of the circulars/notifications of the State of Rajasthan and the circulars relied upon by the Supreme Court in the Haryana case (Supra), we find that there is qualitative difference between the circulars of the State of Haryana considered by the Supreme Court and the circulars of the State of Rajasthan, which have been referred to above. There is also clear distinction between the fact-situations of the two cases, namely, the Haryana case (Supra) and Uma Shankers case (Supra). While in the Haryana case (Supra), adhoc appointments were made de hors the rules, in Uma Shankers case (Supra), this was not the position, as the adhoc appointments were made in accordance with the rules. Coming to the cases in hand, the initial appointment of all the respondent-employees before us, were made in accordance with the rules. It is not the case of the State that the adhoc/temporary appointments of the respondent-employees were outside the rules. This is a clear distinguishing feature between the instant case and the Haryana case (Supra). It also needs to be pointed out that in the order dated January 23rd, 1985, issued by the Deputy Secretary, Finance (Gr. It is not the case of the State that the adhoc/temporary appointments of the respondent-employees were outside the rules. This is a clear distinguishing feature between the instant case and the Haryana case (Supra). It also needs to be pointed out that in the order dated January 23rd, 1985, issued by the Deputy Secretary, Finance (Gr. 2) Department, a provision was made for grant of Selection Scale to certain categories of employees in whose cases promotional avenues were limited or non-existent. This order, however, was restrictive in nature. It clearly stipulated the admissibility of Selection Scale on completion of 15 years of service after regular appointment on the post. The benefit was also not admissible to employees, who did not possess the requisite basic qualification for promotion to the higher post in the regular line in accordance with the relevant recruitment rules of the service. Significantly, the words "regular appointment" were deliberately omitted in the Government order dated January 25th, 1992, whereby Selection Scales for employees in Class-IV, Ministerial and Subordinate Services and those holding isolated posts were prescribed. This order was of a wider amplitude and it contemplated reliefs to the employees, who were recruited directly to a post which was not the lowest in the cadre. 10. The first Selection Grade as per Clause 2 (i) of the order was required to be granted from the date on which an employee completed service of 9 years, provided he/she did not get even one promotion earlier, which was available in his/her existing cadre. The second Selection Grade was required to be given according to Clause 2 (ii) of the order on completion of service of 18 years subject to the conditions mentioned therein. Similarly, according to Clause 2 (iii), the third Selection Grade was to be granted on completion of 27 years of service, subject to the conditions specified therein. According to Clause 3 of the order, the service of 9, 18 and 27 years, was required to be counted from the date of first appointment in the existing cadre/service in accordance with the provisions contained in the recruitment rules. Unlike the 1985 Order and the Haryana Circulars, Clause 3 does not prescribe that service of 9, 18 and 27 years shall be counted from the first regular appointment in the cadre/service. None of the clauses of the order use the word "regular appointment". Unlike the 1985 Order and the Haryana Circulars, Clause 3 does not prescribe that service of 9, 18 and 27 years shall be counted from the first regular appointment in the cadre/service. None of the clauses of the order use the word "regular appointment". The Selection Grade according to Clause 7 thereof , is required to be granted to the employees whose record of service is satisfactory. It also postulates that by grant of selection grade seniority of the employees shall not be affected. 11. Some confusion was added by the clarificatory Order No.F.2