Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law : Rajasthan State Agricultural Marketing Service Rules 1986: Rule 4. |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law :Rajasthan State Agricultural Marketing Service Rules, 1986: Rule 4.Cadre-Abolition of-Creation of new cadre-Existing entries in Service Rules in respect of "Assistant Director (Senior)" and "Assistant Director (Junior)" substituted by new entries of "Assistant Director" and ''Marketing Officer" respectively-Service Rules further amended changing eligibility conditions for the post of Marketing Officer-Public Service Commission invited applications for Assistant Director (Junior) based on old Service Rules-However, recruitment was stopped pending amendment of Service Rules-Fresh advertisement issued for filling up vacancies including old vacancies for the post of Marketing Officer in accordance with amended Service Rules-Held: No appointment could be made for the posts of Assistant Director (Junior) since the cadre stood abolished-Commission's decision to fill up vacancies of Marketing Officer, including the vacancies of the abolished cadre, on the basis of amended Service Rules, upheld. The respondent applied for one of the 23 posts of Assistant Director (Junior) pursuant to the advertisement issued by the appellant-Commission. Before the last date for submission of the applications the State Government directed the Commission not to go ahead with the said recruitment as the relevant service rules were being amended. Subsequently, the State Government issued a notification amending relevant entries in the Schedule to the Rajasthan State Agricultural Marketing Service Rules, 1986 whereby the posts of "Assistant Director (Senior)" and "Assistant Director (Junior)" were respectively substituted by the posts of "Assistant Director" and "Marketing Officer". By another notification issued in April 1995 the eligibility conditions for appointment as Marketing Officer were also changed which prescribed an additional qualification of M.Sc. (Agriculture) with specialisation in Agriculture Economics/Agriculture, Marketing. Thereafter, the appellant-Commission issued a fresh advertisement for filling up 26 posts of Marketing Officers. The respondent applied once again pursuant to the fresh advertisement and was asked to appear before the appellant-Commission for a screening test. Instead of appearing for the screening test the respondent filed a writ petition before the High Court contending that the respondent was entitled to he considered on the basis of the earlier Service Rules and not on the basis of the amended Service Rules of 1995. The Single Judge of the High Court dismissed the said petition. However, the Division Bench allowed the petition on the ground that old vacancies had to be filled up on the basis of earlier Service Rules and not on the basis of the amended Service Rules. Hence this appeal. |
Judge | Hon'ble Mr. Justice S.B. Majmudar |
Neutral Citation | 1998 INSC 115 |
Petitioner | Rajasthan Public Service Commission |
Respondent | Chandan Ram And Anr. |
SCR | [1998] 1 S.C.R. 1099 |
Judgement Date | 1998-02-26 |
Case Number | 1108 |
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