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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
INDERJEET SINGH, RAVI CHIRANIA
Moti Lal Meena, S/o. Shri Kana Ram Meena – Appellant
Versus
State Of Rajasthan, Through Its Principal Secretary, Department Of Home And Jail, Government Of Rajasthan – Respondent
Order :
Ravi Chirania, J.
1. By the instant writ petitions, jointly filed, by the petitioners who were initially appointed on the post of Warder under Rajasthan Jails Subordinate Service Rules 1976 (hereinafter referred to as ‘Rules of 1976’ for short) and were subsequently promoted by the respondents on the next promotional post of Head Warders, the petitioners have approached this Court to challenge the constitutional validity of Rule 35, 36 and 39 of the Rajasthan Jails Subordinate Service Rules, 1998 (hereinafter referred to as ‘Rules of 1998’ for short) being aggrieved by the actions of the respondents of not considering their length of service for next promotional post, and further that the respondents are making promotion to the higher post on State basis instead of circle basis from the date of their initial appointment in the service. The petitioners have also challenged and prayed for quashing of the circular dated 28.02.2011 (Annexure-5 of the writ petition) and the seniority list of Head Warder prepared State wise, dated 28.07.2020, by which the petitioners have been placed below the persons who are junior to them in terms of date of appointment on the basis of initial ap
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.
The seniority list was not prepared in accordance with the rules and the petitioners' objections were not considered.
The court reaffirmed that temporary or ad-hoc promotions do not confer seniority rights, emphasizing strict adherence to statutory rules for public service appointments.
Seniority once settled cannot be unsettled after a long delay, and an order given in ignorance of the terms of a Statute or a rule having the force of Statute is per incuriam.
The court held that settled seniority cannot be disturbed after a long period, emphasizing the principle of res judicata and the limits of administrative power in altering promotion dates.
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