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DINESH MEHTA
Kharta Ram S/o. Shri Durga Ram – Appellant
Versus
State of Rajasthan, Through The Secretary, Department of Land Revenue, Secretariat – Respondent
JUDGMENT :
1. The petitioners captioned above have joined hands to challenge final seniority list dated 01.11.2019, particularly qua the persons mentioned between serial number 1835 to 1964 of the seniority list as on 01.04.2015, out of whom, seven persons have been impleaded as party respondents in the representative capacity.
2. For the purpose of laying the factual canvass, the particulars of petitioner no.1 Kharta Ram are being taken into account.
3. Petitioner no.1 – Kharta Ram was appointed as Patwari on 29.09.1987, whereafter he was promoted to the post of Inspector Land Records (hereinafter referred to as ‘ILR’) in the meeting dated 14.01.2015 of the Departmental Promotion Committee (for short ‘DPC’) for the year 2014-2015.
4. Rule 284 of the Rajasthan Land Revenue (Land Records) Rules, 1957 (hereinafter referred to as the ‘Rules of 1957’), provides for two channels of promotion for admission to the training school; one by seniority cum merit (by way of DPC) and other being Competitive Examination or Accelerated Promotion. The petitioners have been promoted by first method whereas the respondent No.3 to 9 were promoted by the second process.
5. For the group of private responden
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....
The court held that settled seniority cannot be disturbed after a long period, emphasizing the principle of res judicata and the limits of administrative power in altering promotion dates.
The court upheld that seniority must be determined based on recruitment batch and performance in training, emphasizing timely challenges to promotions are essential to maintain stability in service r....
Seniority assigned to any employee could not be changed after a lapse of 7 years, though even on merit it was found that seniority of the petitioner therein had correctly been fixed.
Seniority in service is a statutory right determined by established merit lists, with waiting list candidates lacking rights to precedence over those appointed from the main list.
Seniority in public service must be determined by the date of first appointment, not by roster points, as per statutory rules.
The court established that seniority must be determined by the date of first appointment, and settled seniority cannot be revised after a significant delay.
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