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ANOOP KUMAR DHAND
Savita – Appellant
Versus
Rajasthan State Pollution Control Board through its Chairman – Respondent
JUDGMENT :
Anoop Kumar Dhand, J.
As per Schedule-I attached to the Rajasthan State Pollution Control Board Employees Service Rules and Regulations 1993 (for short 'Rules of 1993"), for getting promotion to the post of Assistant Environmental Engineer from the post of Junior Environmental Engineer, Five years service for Degree holders and Ten years service for Diploma holders, is necessary.
2. Now, the issue before this court is "whether a candidate not having Five years experience on the post of Junior Environmental Engineer is entitled to get promotion on the post of Assistant Environmental Engineer merely because his/her appointment was delayed by the recruitment authority?"
3. Background of this case is that pursuant to advertisement no. 3/2010, the petitioner submitted online application for participation in the process of selection on the post of Junior Environmental Engineer, but due to technical error her application was accepted for the post of Junior Scientific Officer. When her request for correction was not accepted, she approached this court by way of filing S.B. Civil Writ Petition No. 12391/2010 and on 9.9.2010, while passing an interim order, she was allowed to particip
Experience for promotion must be calculated from the vacancy year, not the actual promotion date, as per the relevant rules.
Notional service can be included in the calculation of eligibility for promotion, and administrative delays should not penalize an employee's right to promotion.
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.
The main legal point established in the judgment is that the principle of 'old vacancy old rule' does not apply universally and is interlinked with the candidate's right to be considered for promotio....
Promotion – In absence of any statutory provision or rule made thereunder or under proviso appended to Article 309 of Constitution of India, once an incumbent is appointed to post according to rules,....
The main legal point established in the judgment is that for accelerated promotion to the post of SDE, the experience of service must be counted from the date of acquiring the AMIE/BE degree, as per ....
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