Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 284 Rajasthan Land Revenue (Land Records) Rules 1957 347-A and 347-B rr. 17-A |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Rajasthan Land Revenue (Land Records) Rules 1957 – rr. 17-A, 284, 347-A and 347-B – Rajasthan Subordinate Services (Recruitment and other service conditions) Rules 1960 – Rajasthan Services (Recruitment by Promotion against vacancies of earlier years) Rules 1972 – Rajasthan Subordinate Services (Recruitment and Other Service Conditions) Rules 2001 – The State issued advertisement for holding a departmental examination/limited competitive examination in the post of Land Records Inspector (LRI) – Vacancies related to the years 2008-09, 2009-10 and 2010-11 – On 16.05.2013, the appellants appeared for the departmental examination and were declared successful – According to appellants, their names were not included in the seniority list despite the fact that the recruitment year was 2010-11 – Thereafter, appellants were included in the seniority list – However, appellants claimed that in seniority list they were placed below the persons who were promoted against vacancies which arose after the year of vacancies against which the appellants were promoted – Thereafter, State passed an order directing to remove the appellants from the seniority list and to treat them as appointed in 2014-15 – The Division Bench of the High Court held that the claim for seniority with reference to the date of the accrual of the vacancy will not be maintainable merely on the ground that no competitive examination was held in the years in which the vacancies arose – On appeal, held: It is necessary to evaluate the interplay between the Rules of 1957 more particularly, rr.171-A, 347-A and 347-B with the Rules of 1960, 1972 and 2001 – A consistent line of precedent of Supreme Court follows the principle that retrospective seniority cannot be granted to an employee from a date when the employee was not borne on a cadre – Seniority amongst members of the same grade has to be counted from the date of initial entry into the grade – The opening words of r.347-A, the provisions contained in the 1960 Rules would have to give way and be subject to r.171-A(2) which provided for determining seniority on the basis of continuous officiation – In the face of r.171-A(2) as it stood prior to amendment, it is not possible to apply a deemed date for determining seniority based on the year of vacancy – r.171-A(2) rules out the grant of seniority with effect from a date anterior to the date on which the employee is borne on the cadre – R. 347-B is prefaced with a non-obstante provision – Consequently, conditions of service which are governed by the rules referred to in the entries of r.347-B will govern notwithstanding anything contained in the 1957 Rules – Among them is an entry pertaining to the 1972 Rules – r.2 of the 1972 Rules applies in a situation where a service rule regulating recruitment “provides for recruitment by both direct recruitment and promotion” – Whereas, recruitment u/cl.(i) and (ii) of r.284 of the 1957 Rules is from seniority-cum-merit and competitive departmental examination – In the present case, ex facie r.284 of the 1957 Rules is not a provision falling in that category since there is an absence of a service rule requiring recruitment by direct recruitment and promotion – The 1972 Rules have no application – Hence, r.347-B of the 1957 Rules will not come to the aid of the appellants – Insofar as 2001 Rules are concerned, the procedure for recruitment in Part V of the 2001 Rules does not comprehend a situation involving a limited competitive examination for accelerated promotion – Where a limited competitive examination is being held for accelerated promotion, r. 35 of 2001 Rule governing promotion has no application – Therefore, the view taken by the Division Bench of the High Court was justified and in accord with the principles of law enunciated in the decisions of Supreme Court. The State issued an advertisement for holding a departmental examination in the post of Land Records Inspector (LRI). The vacancies related to the years 2008-09, 2009-10 and 2010-11. On 16.05.2013, the appellants appeared for the departmental examination and were declared successful. Thereafter, appointment orders for the 80% seniority-cum-merit vacancies were issued in 2012, while those for the 20 per cent competitive exam vacancies were issued on 31 March 2014. On 7.11.2013, a provisional seniority list was issued which excluded appellants. On 24.4.2017, another seniority list was issued determining the seniority as on 1.4.2014. The appellants claimed that they were placed below the persons who were promoted against vacancies which arose after the year of vacancies against which the appellants were promoted. Thereafter, State passed an order directing to remove the appellants from the seniority list and to treat them as appointed in 2014-15. Aggrieved, appellants filed a writ petition. The appellants sought computation of seniority based on the year in which their vacancies arose. The writ petition was allowed by the Single Judge of the High Court. However, the Division Bench of the High Court held that the claim for seniority with reference to the date of the accrual of the vacancy will not be maintainable merely on the ground that no competitive examination was held in the years in which the vacancies arose. Hence, the present appeals. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2019 INSC 938 |
Petitioner | Ganga Vishan Gujrati & Ors. |
Respondent | State Of Rajasthan & Ors. |
SCR | [2019] 11 S.C.R. 444 |
Judgement Date | 2019-08-21 |
Case Number | 6007 |
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