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KULDEEP MATHUR
Vishram Meena S/o Shri Gopiram Meena – Appellant
Versus
State of Rajasthan, Through The Secretary, Forest Department – Respondent
ORDER :
1. By way of filing the present writ petition, the petitioner has prayed for following reliefs:-
ii. By an appropriate writ, order or direction, in alternative respondents be directed to determine the seniority of the private respondent from the day when he was joined in forest division, Bhilwara.
iii. Any other appropriate order or direction which this Hon’ble Court may deem fit just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.
iv. Costs of the writ petition may kindly be awarded to the petitioner.”
2. Briefly stated facts of the case are that the petitioner came to be appointed on the post of Forest Guard w.e.f. 10.05.2011 in
Seniority among Forest Rangers is determined by the date of appointment in the absence of specific rules, not merely by merit in selection.
The court emphasized the principles of natural justice, good conscience, and equity in the preparation of the seniority list for promotion, and ruled that the service rendered by promotees on account....
A request for mutual transfer with knowledge that it forfeits seniority bars subsequent claims to prior service benefits in seniority.
Retrospective promotion cannot be granted to an employee from a date when the employee was not borne in the cadre. Sub-rule (3) of Rule 8 of the 2002 Rules was found inapplicable to determine the int....
The court established that the Rajasthan Forest Subordinate Service Rules permit centralized promotions for Assistant Foresters without requiring division-level processes.
Acceptance of transfer conditions that require forfeiture of seniority precludes subsequent claims for seniority, and delay in raising such claims can render them stale.
The court established that seniority and promotions must be based on the date of regularization, ensuring fair treatment among employees in similar positions.
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