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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
VINIT KUMAR MATHUR
Rajnikant Mali, S/o. Raghunath Mali – Appellant
Versus
State of Rajasthan, Through The Principal Secretary, Department Of Rural Development and Panchayati Raj (Panchayati Raj) – Respondent
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
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.
Seniority for promotions in public service must be based on merit rather than the date of joining to ensure fairness and transparency.
Seniority for promotions must be determined based on the date of confirmation as per Rule 285 of the Rajasthan Panchayati Raj Rules, not solely on merit.
Seniority in public service must be determined according to statutory rules, not solely based on length of service.
Seniority in service is a statutory right determined by established merit lists, with waiting list candidates lacking rights to precedence over those appointed from the main list.
Seniority cannot be granted to employees not borne in the cadre; it must reflect the actual date of joining. A fresh seniority list should be prepared following Supreme Court rulings.
Seniority assigned to any employee could not be changed after a lapse of 7 years, though even on merit it was found that seniority of the petitioner therein had correctly been fixed.
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