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VINIT KUMAR MATHUR
Pavan Kumar Joshi, S/o. Shri Jagdish Chandra Joshi – Appellant
Versus
State Of Rajasthan, Through The Principal Secretary, Revenue Department, Government Of Rajasthan – Respondent
ORDER :
1. Heard learned counsel for the parties.
2. The present writ petition has been filed with a prayer for consideration of the candidature of the petitioner for promoting him on the post of Inspector Land Records.
3. Briefly noted the facts in the case are that the petitioner having cleared Patwar Competitive Examination, 1999 was appointed as Patwari vide order dated 22/04/2003. While the petitioner was performing the duties of Patwari, he was granted the upgradation of the pay scale on completion of nine years of service. After grant of first ACP, the petitioner was entitled for the grant of second ACP on completion of 18 years of service in the year 2019. However, grant of second ACP was deferred on account that petitioner having fathered a third child. The second ACP was actually granted to the petitioner on 14/05/2022. Since the petitioner’s case was ripped for promotion, the respondents considered his case for promotion on the post of Senior Patwari. The petitioner was also promoted on the post of Senior Patwari vide order dated 30/08/2022.
4. Learned counsel for the petitioner submits that since at the time of incurring ineligibility for the grant of second ACP on accou
It is a settled law that the Rules in existence on the date of consideration for promotion shall be applicable in the promotional exercise undertaken by the department.
The main legal point established is that the petitioners were entitled to the benefit of seniority and promotion based on their merit and the previous court directions, and denying them promotion wou....
The right to be considered for promotion is a fundamental right under Articles 14 and 16 of the Constitution of India, and denial of timely consideration constitutes a violation of these rights.
The main legal point established in the judgment is the interpretation of seniority rules, the nature of recruitment, and the validity of the seniority list revision under the Land Revenue Act and re....
Principle of accelerated/jump up seniority would not be applicable and petitioner was required to be considered as per seniority list of Inspectors for induction into H.P.P. Services.
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