1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.9489/02 Satyendra Kumar Sharma & Ors. vs. State & Ors. Date of order : 19/1/2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Rajendra Kumar Sharma for the petitioner. Shri Rajendra Vaish for the respondent. ****** The controversy in the present writ petition is whether petitioners, who were regularised by way of screening would be entitled to claim seniority from the date of their initial appointment or from the date they were made permanent consequent upon being adjudged suitable and regularised in service. Proviso (3) to Rule 7 of the Rajasthan Subordinate Cooperative Service (Class I), Rules, 1955 Rules was subject to challenge before this Court, which provided for regularisation giving such seniority from the date of initial appointment. Initially, the learned Single Judge of this Court held the aforesaid Rule to be ultra vires to the provisions of Constitution of India, but subsequently, the division bench in D.B. 2 Civil Special Appeal No.36/99, State of Rajasthan & Anr. vs. Sahadeo Singh decided on 11.8.2004 reversing that judgment held the rule ultra vires to the provisions of Constitution of India. In view of above, this writ petition is dismissed. (MOHAMMAD RAFIQ), J. RS/