Seniority in public service must be determined by merit rather than date of joining, as per Rule 285 of the Rajasthan Panchayati Raj Rules, 1996.

Order :

(VINIT KUMAR MATHUR, J.)

1. Heard learned counsel for the petitioner.

2. The present writ petition has been filed with the following prayers:-

“I). The action of the respondents while not determining the seniority in the provisional seniority list dated 10.03.2025 (Annexure-14) on the basis of date of joining/date of confirmation of the LDCs and placing the petitioner much lower in the seniority list despite the fact that the petitioner has joined much prior than the aspirants who have joined/confirmed much after him, may kindly be declared per se bad in the eye of law, unjust, arbitrary, discriminatory and violative to Rule 285 of the Rajasthan Panchayati Raj Rules, 1996 and Articles 14, 16 and 21 of the Constitution of India; and/or

II) The provisional seniority list dated 10.03.2025 (Annexure-14) may kindly be quashed and set aside and the respondents may kindly be directed to prepare a fresh seniority list while determining the seniority on the basis of date of joining/date of confirmation; and/or

III) The respondents may kindly be directed to determine the seniority of the petitioner as per his entitlement i.e. date of joining/date of confirmation and if the petitioner comes in merit, he be given promotion on the post of UDC; and/or

IV) The respondents may kindly be directed to consider and decide the objection of the petitioner objectively.

V) The respondents may kindly be directed to include the name of the petitioner in the final seniority list at his proper place as per his entitlement and not lower than the aspirants who have joined and confirmed much after the petitioner.”

3. Briefly noted the facts in the present writ petition are that in pursuance of the recruitment advertisement issued in the year 2013 by the Zila Parishad, the petitioner was appointed on the post of Lower Division Clerk. After selection of the petitioner on the post of LDC, a merit list was prepared by the respondent department after completing document verification. The petitioner joined the services on 01.07.2013 at the allotted place of posting. While the petitioner was working on the post of LDC, a provisional seniority list was prepared on 21.09.2022. The petitioner’s name was placed at Serial No.60. On the provisional seniority list, objections were invited. On the objections received by the department, the seniority list prepared on the basis of merit was changed and a seniority list was prepared on the basis of date of joining. The petitioner’s seniority list was reshuffled to Serial No.61. The petitioner, in these circumstances, preferred a representation, against which no action was taken. In the similar situation, writ petitions were filed before this Court and the controversy was decided by this Court in a bunch of writ petitions led by S.B. Civil Writ Petition No.13204/2024 (Goverdhan Kumar & Ors. Vs. The State of Rajasthan & Ors.). Vide order dated 23.09.2024, it was held that the seniority list is required to be prepared as per merit keeping in mind the provisions of Rule 285 of the Rajasthan Panchayati Raj Rules, 1996 (hereinafter referred to as ‘Rules of 1996’).

4. For complying with the orders passed by this Court, the respondents are now preparing the seniority list afresh keeping in mind the merit position of the persons including the petitioner. The provisional list on the basis of merit is prepared on 10.03.2025. Hence, the present writ petition has been filed for quashing the provisional seniority list prepared on the basis of merit position of the LDCs and it is prayed that the seniority list may be prepared on the basis of date of joining/ date of confirmation.

5. Learned counsel for the petitioner vehemently submits that the seniority list should be prepared on the basis of date of joining. He further submits that preparation of the seniority list on the basis of merit position is contrary to Rule 285 of the Rules of 1996. He, therefore, prays that the provisional seniority list prepared on 10.03.2025 may be quashed and th