IMPORTANT POINT
Seniority for promotions in public service must be based on merit rather than the date of joining to ensure fairness and transparency.

ORDER :

Vinit Kumar Mathur, J.

S.B. Civil Writ Petition No. 11757/2024

1. Heard learned counsel for the parties.

2. The question involved in the present writ petition pertains to the criteria of preparing the seniority list of the LDCs (Junior Assistants) appointed in the Panchayat Samities under the Rajasthan Panchayati Raj Act, 1994 & Rajasthan Panchayati Raj Rules, 1996.

3. The petitioner in the present case has prayed that while preparing the seniority list of LDCs’ (Junior Assistants), merit position should be considered and not the date of appointment when the petitioner actually joined her duties in the conerned Panchayat Samiti/Zila Parishad. It is further prayed that the seniority list of the petitioner who is working on the post of LDC (Junior Assistant) should be prepared in consonance with Rule 285 of the Rajasthan Panchayati Raj Rules, 1996.

4. Briefly noted the facts in the present writ petition are that the petitioner being an eligible candidate applied for appointment to the post of LDC (Junior Assistant) under the respondent department. Subsequently, in the merit list dated 25.06.2013 prepared by the respondent department, the name of the petitioner was reflected at S.No. No.163. In pursuance of the same, the petitioner was appointed vide order dated 25.06.2013. Accordingly, she joined her duties on 01.07.2013 (Annex.4). The petitioner rendered her services for the probation period of two years to the utmost satisfaction of the respondents. After completion of her probation period, vide order dated 17.12.2015, she was declared permanent on the post of LDC w.e.f. 27.06.2015. The respondents prepared a seniority list of LDCs’ (Junior Assistant) for promotion to the post of UDC (Senior Assistant) and while preparing the said seniority list, the respondents have taken into consideration the date of appointment/joining instead of merit position of the selected candidates. Hence, aggrieved against the same, the petitioner has preferred the present writ petition before this court.

5. Learned counsel for the petitioner vehemently argued that seniority list of the petitioner is required to be prepared by the respondents by taking into consideration her position in the merit list prepared by the District Establishment Committee for appointing the petitioner on the post of LDC. He submits that date of joining of the petitioner cannot be taken into consideration while preparing the seniority list in the present case as date of joining of the candidates could be different and for different reasons, the same could vary. Therefore, preparation of the seniority list on the basis of date of joining can lead to uncertainty, unreasonableness and arbitrariness in the present case. Learned counsel submits that the seniority list otherwise also is required to be prepared by respondents in consonance with Rule 285 of the Rajasthan Panchayati Raj Rules, 1996 (for short ‘the Rules of 1996’). Learned counsel also submits that the controversy involved in the present case is squarely covered by a judgment rendered by this court in S.B.Civil Writ Petition No.472/2023 Bimla V/s State of Rajasthan & Ors. decided on 21.08.2024. He, therefore, prays that preparation of the seniority list on the basis of date of joining of the petitioner may be quashed and set aside. It is also prayed that the respondents may be directed to prepare a fresh seniority in accordance with Rule 285 of the Rules of 1996 by taking into consideration merit position of the petitioner as per her position in the merit list prepared by the District Establishment Committee while giving appointment to the petitioner.

6. Per contra, Mr. Manish Patel, learned Additional Advocate General appearing on behalf of the respondent State vehemently argued that preparation of the seniority list can only be made by taking into account the date of appointment of the petitioner. He submits that the District Establishment Committee, selects the candidates, however, the actual appointment is give