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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
REKHA BORANA
Shyam Singh S/o Sultansingh – Appellant
Versus
State Of Rajasthan, Through The Secretary, Department Of Revenue (Group-I), Govt. Of Rajasthan – Respondent
| Table of Content |
|---|
| 1. previous case law considerations. (Para 2 , 3) |
| 2. appointment conditions and qualifications. (Para 5 , 6 , 10) |
| 3. interpretation of seniority and rules. (Para 7 , 8 , 9 , 12) |
| 4. confirmation and its impact on rights. (Para 14) |
| 5. final ruling on seniority. (Para 16 , 17) |
Order :
REKHA BORANA, J.
1. The present petition has been filed with the following prayers:-
“It is, therefore, most respectfully prayed that your Lordships may most graciously be pleased to call for the record, examine the same and accept and allow this writ petition of humble petitioner, and-
I) By an appropriate, writ, order, or direction, the respondents may kindly be directed to consider the petitioner seniority and increment on dated 05.02.2016 (Annex.2) passed by RS-CIT computer certificate.
II) By an appropriate writ, order and direction in the nature thereof the respondents to consider the regular appointment of Petitioner from the date of his initial appointment and also grant him benefit of Annual Grade increment and ACP from the date their initial appointment and also pay arrears thereof with interest @ 18% and also give promotion to them on higher post with all consequential benefit III) That
Seniorities should be computed based on initial appointment dates, regardless of subsequent qualification delays.
Seniority is to be computed from the initial appointment date despite conditions regarding qualifications in the rules.
The court ruled that amendments to the qualification rules for LDCs eliminate the requirement for a type test for compassionate appointees who have acquired necessary computer proficiency.
Employee entitled to notional increments from appointment date despite qualification requirements, with actual benefits post-qualification.
The amended Rules of 1999 clarify that the educational qualification for LDC includes senior secondary education and computer proficiency, removing the type test requirement.
Promotion seniority should not be altered based on delays in qualification if it complies with probation rules, affirming the importance of adhering to original seniority assignments.
A candidate wrongfully denied appointment is entitled to notional seniority from the date their junior was appointed, ensuring fairness in the recruitment process.
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