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SUDESH BANSAL
Director General of Police – Appellant
Versus
Mahaveer Singh – Respondent
ORDER
1. All these writ petitions have been preferred by petitioners, challenging the order dated 7.4.2021 whereby and whereunder the Rajasthan Civil Services Appellate Tribunal, Jaipur has conjointly decided as many as 25 appeals filed by respective parties (respondents herein) and following order has been passed:-
(i) The 29 persons selected in the qualifying test of 2012-13, cannot be rolled over to 2013-14.
(ii) Those who failed in the test in 2012-13, but succeeded in 2013-14 will rank junior to those who succeeded in the test for 2012-13.
(iii) The seniority of the appeal cannot be pushed down to 2013-14, if he qualified the test for 2012-13, he will remain there, he cannot be placed below the private respondents who failed in 2012-13. The vacancy year of 2012-13 will not be changed to 2013-14 for the appellant, to that extent order of 24.02.2019 is set aside.
(iv) If there is no vacancy for the appellant in 2012-13, he will still be there in view of his qualifying the eligibility test for that year and there will now be a shadow/notional/ex-cadre vacancy for that year to accommodate the appellant.
(v) The review of vacancies for
Promotions in the police service must follow year-wise vacancy determinations, and changes in seniority require due process and adherence to established rules.
Promotion processes must adhere to established guidelines, ensuring fair consideration for all eligible candidates. Clubbing of vacancies across years violates process integrity, and resultant promot....
Appointments for Grade III Teachers must reflect accurate merit while adhering to court directives on recruitment processes, ensuring transparency and fairness in selections.
Merit-based promotions take effect from the date of the promotion order, not the date of vacancy, as retrospective promotions are not justified.
The court reaffirmed that temporary or ad-hoc promotions do not confer seniority rights, emphasizing strict adherence to statutory rules for public service appointments.
when a new post is created, the concept of Rules obtaining when the vacancies arose is inappiicable as what is created is a new post on account of re-structuring of the cadre.
Seniority in public service must be determined by the date of first appointment, not by roster points, as per statutory rules.
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