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MANINDRA MOHAN SHRIVASTAVA, ANOOP KUMAR DHAND
Babu Lal Bohra – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
1. This writ petition has been filed by the petitioner with the following prayer:-
"In these circumstances it is, therefore, humbly prayed that this Hon'ble Court may kindly and graciously be pleased to accept this writ petition, and:-
(i) the impugned notification dated 18.03.1991 making amendment in rule 7 of Municipal Service Rules, 1963 and impugned order dated 29.10.97 in not granting the benefit of past services (it means from 1978 on the post of R.O. II) be declared illegal, invalid and violative of Article 14 and 16 of the Constitution of India and therefore, the same may kindly be quashed and set aside by issuing writ of certiorari, with all consequential benefits;
(ii) in alternative the rule 7 read with rule 28 of the Rajasthan Municipal Service Rules so far as it relates to govern R.O. II be declared discriminatory to the same set of rules governing the post of E.O. IV under the Rules of Rajasthan Municipal (Subordinate and Ministerial Service) Rules, 1963 and the Rules of Ayurvedic, Homeopathic, Unani Chikitsaks Service Rules, 1963 and also be declared ultra vires to the Article 14 and 16 of the Constitution of India;
(iii) the respondents be directed by issuing wr
Promotion from Record Assistant to Junior Assistant, though irregular, was not illegal as it was made after completing the necessary service and there was a sanctioned post available. The period of c....
The main legal point established in the judgment is that the determination of seniority should be based on the Quota-Rota method prescribed in Rule 2(c) of the Special Rules, and the regularisation o....
Petitioners (including the present petitioner) would not be entitled to the benefit of the ad hoc period of service while reckoning of his seniority.
The court ruled that revising an employee's promotion without providing a fair opportunity violates natural justice and relevant statutory rules.
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