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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
SANJEEV PRAKASH SHARMA, BALJINDER SINGH SANDHU
Jai Singh S/o Ram Singh – Appellant
Versus
Rajasthan High Court, Jodhpur through its Registrar General – Respondent
| Table of Content |
|---|
| 1. petitioners' grievance over eligibility for promotions. (Para 1 , 4 , 6) |
| 2. details of past appointments and promotions. (Para 2 , 5) |
| 3. overview of recruitment rules and cadre structure. (Para 8 , 9 , 10 , 11) |
| 4. eligibility criteria under rule 4-a for promotions. (Para 12 , 13) |
| 5. interpretation of eligibility qualifications based on grade. (Para 14 , 15 , 16 , 17 , 18) |
| 6. assessment of petitioners' qualifications regarding promotions. (Para 24 , 25 , 26) |
| 7. probationary status implications for promotions. (Para 29 , 30 , 31 , 32) |
| 8. final dismissal of petition based on eligibility findings. (Para 34 , 35 , 36) |
JUDGMENT :
BALJINDER SINGH SANDHU, J.
1. Petitioners have preferred the present writ petition with following prayers:-
“It is therefore most humbly and respectfully prayed that this Hon'ble Court may graciously be pleased to accept and allow this writ petition and further it is humbly prayed that:
(i) by an appropriate writ, order or direction the action of the respondents of not considering the petitioners as eligible for the recruitment by promotion through qualifying test for the vacant posts of Assistant Stamp Reporter and Court Fee Examiners in pursuance of adv
Eligibility for promotion under the Rajasthan High Court Staff Service Rules is based on grade rather than specific post, but mere financial upgradation does not confer entitlement to promotion.
The court established that clubbing of posts for promotion does not violate constitutional rights if done in good faith and to address service needs.
The court established that a promotion panel based on seniority-cum-merit remains valid until fully utilized, contrasting it with merit-cum-seniority processes.
AMENDMENT TO RULE 14(V) OF THE RAJASTHAN DISTRICT COURTS MINISTERIAL ESTABLISHMENT RULES, 1986, DOES NOT EXCLUDE STENOGRAPHER GRADE-I AND PERSONAL ASSISTANT CUM EXECUTIVE ASSISTANT FROM THE ZONE OF C....
The court established that promotions must adhere to seniority rules based on continuous service, invalidating promotions conducted without a proper inter-se seniority list.
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