Back
JYOTSNA REWAL DUA
Ajay Anand @ Dole Ram – Appellant
Versus
State of HP – Respondent
JUDGMENT :
JYOTSNA REWAL DUA, J.
CMP No. 4386 of 2023
1. This application under Order 1 Rule 10 of Code of Civil Procedure has been moved on behalf of one Sh. Tarsem Kumar Prashar for being impleaded as party respondent to the writ petition. Reply to the application has been filed only by respondent Nos. 1 to 3.
2. Looking into the pleadings of the writ petition, wherein reference to an earlier litigation instituted by Sh. Tarsem Kumar Prashar has been made and taking into consideration the factual averments made in the writ petition as well as grounds taken therein for seeking relief, I am of the consider view that interest of justice would be served in case the applicant is permitted to intervene in the matter. Ordered accordingly. The application to stand disposed of.
CWP No. 3894 of 2020
3. With the consent of learned counsel for the parties, the matter is taken up for disposal at this stage.
4. The petitioner seeks a direction to the respondents to fill up the post of Assistant Controller (Printing Offset) in accordance with old Recruitment & Promotion Rules (R&P Rules in short) of the year 2002 and in terms of advertisement dated 06.04.2017.
5. Facts of the case are as under:
A candidate has a right to be considered in light of existing rules, which implies “rule in force” as on date consideration takes place.
The right for promotion has to be considered only in the light of the existing rules in force on the date of consideration to the next level of promotion.
Vacancies arising under older rules are not necessarily filled by those rules when new recruitment rules have been promulgated, barring vested rights.
(1) Appointment – Even if relevant rules permit competent authority to set benchmarks at different stages of recruitment process, same must be done at any time before relevant stage is reached.
(2....
The principle that candidates do not acquire a vested right to appointment but have a legitimate expectation to be evaluated according to the rules in effect at the time of their application, and tha....
The petitioners, after their re-designation and upgradation, were no longer holding their original posts, which were feeder posts for promotion to the Junior Grade of the MF&AS under the Rules of 200....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
