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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.S.SUPEHIA, R.T.VACHHANI
High Court Of Gujarat – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. introductory facts leading to the appeal. (Para 1 , 2) |
| 2. arguments presented by the high court and respondent. (Para 3 , 4 , 5) |
| 3. court's observation on applicable rules and precedent. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 4. ruling on applicability of old vs new rules. (Para 17 , 18 , 19) |
| 5. final conclusion and judgment on the appeal. (Para 20) |
JUDGMENT :
A.S. SUPEHIA, J.
1. The present letters patent appeal is directed against the order dated 27.12.2019 passed in the captioned writ petition being special civil application no.3524 of 2019 filed by the respondent No.2 – original petitioner seeking directions to promote her to the post of registrar, industrial court.
BRIEF FACTS :
2. The brief facts leading to the filing of the present Letters Patent Appeal are as under:
2.1. The respondent No.2 – original petitioner was serving as a Superintendent with effect from 01.09.2012 and thereafter, she was transferred from the Industrial Court, Ahmedabad to Industrial Court, Surat on 07.06.2016.
2.2. On 01.12.2017, the post of Registrar, Industrial Court, Ahmedabad fell vacant.
2.3. In view of the vacancy, the appellant No.2 – President, Industrial Court, Ahmedabad, forwarded
Vacancies arising under older rules are not necessarily filled by those rules when new recruitment rules have been promulgated, barring vested rights.
when a new post is created, the concept of Rules obtaining when the vacancies arose is inappiicable as what is created is a new post on account of re-structuring of the cadre.
There is no vested right to promotion to selection posts. Vacancies are not required to be filled under repealed rules; instead, candidates are entitled to consideration only under the rules in force....
Recruitment - plea raised by the petitioners is fallacious - As mere acquiring of qualification at a relevant point of time cannot give rise to an expectation, much less, legitimate expectation of ap....
A candidate has a right to be considered in light of existing rules, which implies “rule in force” as on date consideration takes place.
The court asserted that under the UPHJS Rules, there is no provision for carrying forward unfilled reserved vacancies into subsequent recruitment years, thus upholding existing appointment processes ....
Promotions for part-time casual labourers to Group D posts can be claimed under the 25% quota if vacancies exist in neighboring divisions, as clarified by the Tribunal's interpretation of the term 'n....
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