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SAMEER JAIN
Satish Kumar, S/o. Shri Samay Singh – Appellant
Versus
State of Rajasthan, Represented Through Principal Secretary, Public Works Department, Government of Rajasthan – Respondent
ORDER :
Sameer Jain, J.
1. In the present batch of writ petitions, the scope of the controversy involved is broadly and predominantly defined by the challenge raised to the determination of the private-respondent’s experience for promotion on the post of Executive Engineer, as ascertained vide order impugned dated 22.09.2023, passed by the Rajasthan Civil Services Appellate Tribunal.
2. Therefore, considering the fact that the writ petitions warrant adjudication on common questions of law, with the consent of learned counsel appearing on behalf of all the parties, the petitions are co-jointly taken up for final disposal, by way of a common order. It is clarified that for the purpose of recording arguments, S.B. Civil Writ Petition No. 15692/2023 titled as Satish Kumar and Ors. vs. State of Rajasthan and Ors., is taken as the lead file.
3. At the outset, Senior Counsel Mr. R.N. Mathur, appearing on behalf of the petitioners, submitted that the order impugned dated 22.09.2023, is passed not only in blatant violation of the settled position of the law, but also the statutory rules governing the facet of appointment and promotion of employees, more specifically Executive Engineers in the S
Experience for promotion must be calculated from the vacancy year, not the actual promotion date, as per the relevant rules.
The main legal point established in the judgment is that the requisition for promotion to the post of Assistant Engineer (Civil) was sent in compliance with the statutory rules, and the Rules, 1968 p....
Amended promotion rules' 45% quota for Junior Engineers with 7 years service contains no Diploma/Degree requirement; unqualified seniors eligible; DPC rejection on qualification grounds invalid.
Promotions in public service are prospective and take effect from the date duties are assumed, not from earlier dates, emphasizing a distinction between the right to be considered for promotion and t....
Promotions take effect from the date granted, not from the date of vacancy, and retrospective seniority cannot be assigned.
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