PUSHPENDRA SINGH BHATI
Rajesh Vyas S/o Shri Murli Dhar Vyas – Appellant
Versus
Districts And Sessions Court, Jodhpur – Respondent
JUDGMENT :
1. The above-numbered S.B. Civil Writ Petitions No.18837/2019, 15348/2018, 15331/2019 & 6725/2019 have been preferred claiming, in sum and substance, the following reliefs:
(ii) by an appropriate writ, order or direction, it may be declared that the stenographers Gr.I and E.A. cum P.A. are not eligible for promotion to the post of Senior Munsarim under Rajasthan Subordinate Courts Ministerial Establishment Rules, 1986, and any such promotion made by the respondents no.2 may kindly be declared illegal and be quashed and set aside.
(iii) Quashment and setting aside of the promotion order to the extent of certain persons, owing to their ineligibility or otherwise for promotion to the post of Senior Munsarim, as per the Rules in vogue.
(iv) That the respondents may kindly be further directed to consider the petitioners in the zone of consideration for promotion to the post of Senior Munsarim, a
J.P. Bansal Vs. State of Rajasthan & Anr.
Ashok Kumar Sonkar Vs. Union of India
M.S. Usmani & Ors. Vs. Union of India (UOI) & Ors.
AMENDMENT TO RULE 14(V) OF THE RAJASTHAN DISTRICT COURTS MINISTERIAL ESTABLISHMENT RULES, 1986, DOES NOT EXCLUDE STENOGRAPHER GRADE-I AND PERSONAL ASSISTANT CUM EXECUTIVE ASSISTANT FROM THE ZONE OF C....
The court established that promotions must adhere to seniority rules based on continuous service, invalidating promotions conducted without a proper inter-se seniority list.
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Unchallenged seniority list attains finality; candidate from feeder post without explicit exclusion eligible for promotion per common rules; belated challenge to DPC recommendation unsustainable post....
The court emphasized the importance of adhering to recruitment rules and cautioned against flouting them, stating that deliberate deviation from the rules could lead to wrongful benefits and departme....
Seniority among employees is determined by the date of initial appointment, not by the completion of probation.
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