Seniorities should be computed based on initial appointment dates, regardless of subsequent qualification delays.

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 the respondents may kindly be further directed to consider the petitioner for promotion pursuant to the seniority according to date of 04.02.2012.

IV) Any other appropriate Writ, Order or Directions, in the present facts and circumstances of the case, which are deemed just and proper by this Hon'ble Court may also be passed in favour of the petitioner.

V) Costs of the writ petition may be awarded in favour of the petitioner.”

2. Counsel for the petitioner at the very inception submitted that the issue is covered by a decision of a coordinate Bench of this Court in Manish Vyas vs. State of Rajasthan & Ors.; S.B. Civil Writ Petition No.1457/2025 (decided on 17.02.2025).

3. However, counsel for the respondents refuted the above submission and submitted that the petitioner would not be governed by the ratio in Manish Vyas (supra)

4. This Court, after going through the judgment as passed in Manish Vyas (supra), is of the opinion that the petitioner would not be squarely covered by the said decision for the reasons assigned in subsequent paras.

5. The facts of the present matter are that the petitioner was afforded compassionate appointment vide order dated 10.08.2009. As per the condition of his appointment order, he was under an obligation to pass the type test within a period of three years. However admittedly, the said type test was not cleared by the petitioner within a period of three years. But he acquired the RSCIT certificate on 05.02.2016 and subsequently even cleared the typing test on 02.07.2020.

6. The consequential service benefits were therefore granted to the petitioner with effect from 02.07.2020 i.e. the date of his clearing the type test.

7. Learned counsel for the petitioner raised the first ground to the effect that Rajasthan Subordinate Offices Ministerial Rules, 1999 (hereinafter referred to as the ‘Rules of 1999’) came to be amended vide notification dated 05.07.2010 in the manner that in place of ‘type test’, a candidate was required to have ‘computer proficiency’. Since Rules of 1999 stood amended on 05.07.2010, the requisite qualification being computer proficiency only, the petitioner ought to have been granted benefit of increments w.e.f. the date he acquired the RSCIT qualification. In support of his submission, counsel relied upon the judgment of Manish Vyas (supra).

8. This Court is of the opinion that Manish Vyas (supra) would not govern the present issue as therein the appointment of the incumbent was post 05.07.2010 i.e. after the amendment in the Rules having been introduced. Vide the amendment, the ‘computer proficiency’ was substituted in place of ‘type test. Therefore, the Court therein held that the qualification of type test was not even required to be applied to the incumbent therein.

9. However, herein the petitioner was ap