the rules applies in case of probationer at the stage of their initial entry into the service. The writ petitioners had all been confirmed in the post of LDA. As such, Rules of 12 and 14 of the Rules of 1970 did not have any application in the matter of consideration of these cases for promotion to the posts of Labour Officer. Notwithstanding the same, the request made by the petitioners for consideration of their candidature for promotion to the post of Labour Officer had been wrongly rejected by the authorities. In support of his above argument. Mr. Tahbildar has produced copies of the notifications dated 27-12-1983 and 30-12-1983 pertaining to petitioner Nos. 1 and 3 to submit that both these writ petitioners had been confirmed as LDA. However, those notifications are not a part of the record. Be that as it may, from a plain reading of the provision of Rules 12 and 14 of the Rules of 1970, it appears that Rule 12 is applicable in case of probationer whose services are yet to be confirmed. Likewise, Rule 14 applies in case of probationers who are required to pass departmental examination for their confirmation. If that be so, I find force in the submission of Mr. Tahbildar that having been confirmed in the post of LDA, the petitioner Nos. 1 and 3 were not required to appear again in the departmental examination. However, there is no material before this Court to draw a similar conclusion with regard to the petitioner No. 2.
