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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
PUSHPENDRA SINGH BHATI, SUNIL BENIWAL
Sudharshan Mundra S/o Suresh Kumar Mundra – Appellant
Versus
Goverdhan Kumar S/o Masaru Ram – Respondent
JUDGMENT :
1. The instant appeal has been preferred under Rule 134 of the Rajasthan High Court Rules, read with Article 225 of the Constitution of India, seeking the following reliefs:
“It is, therefore, humbly prayed that this Special Appeal may kindly be allowed and by an appropriate order or direction:
[1] the impugned Judgment dated 23.09.2024 passed by the learned Single Judge may kindly be quashed and set aside.
[2] The Respondent authority may kindly be directed to prepare the seniority list for promotion from LDC to UDC based on the date of confirmation in accordance with the provisions of the Rajasthan Panchayati Raj Rules, 1996 and grant the promotion to the appellants accordingly;
[3] Any other order or direction which the Hon’ble Court may deem just and proper in the facts and circumstances of the case, may also kindly be issued in favour of the appellant.”
2. The appellants, in the instant appeal, have assailed the legality and correctness of the order dated 23.09.2024 passed by the learned Single Judge of this Hon’ble Court, whereby Writ Petition No. 13204/2024 filed by the Respondents No.1 to 5 (writ petitioners) against the Respondents No.6 to 9 (respondent authorities) h
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 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 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 – Date of entry in a particular service or date of substantive appointment is the safest criterion for fixing seniority inter se between one officer or other or between one group of officer....
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.
Seniority in public service must be determined according to statutory rules, not solely based on length of service.
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