Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service law-Recruitment process |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service law - Recruitment process - Vacancies to be filled by promotion, occurring prior to the enforcement of amended Rules - Held: Would be filled under the Rules in operation when the vacancies had occurred - It would be governed by the original Rules-1988 Rules and not by the amended Rules-1998 Rules - Regional Rural Banks (Appointment and Promotion of Officers and others Employees) Rules, 1988 - Regional Rural Bank (Appointment and Promotion of Officers and other Employees) Rules, 1998.When the Regional Rural Banks (Appointment and Promotion of Officers and other Employees) Rules, 1988 were in force, 15 posts became available for promotion under certain category, in the Bank. While the vacancies still existed, the Regional Rural Bank (Appointment and Promotion of Officers and other Employees) Rules, 1998 came into force and superseded the 1988 Rules. In view of the judgment of this Court in State of Rajasthan v. R. Dayal & Ors., respondent-Bank directed that the 'posts which fell vacant prior to the publication of the amended rules i.e. Rules 1998 would be governed by the Old Promotion Rules and not by the amended rules'. Appellants were promoted to Scale-II as per the 1988 Rules. Respondent Nos.1 to 5 filed writ petition seeking direction that the promotion to the post of Scale-II Officers be held as per the 1998 Rules. Single Judge of High Court dismissed the writ petition. However, Division Bench allowed the writ petition. Hence the present appeal. |
Judge | Hon'ble Mr. Justice H.S. Bedi |
Neutral Citation | 2007 INSC 1067 |
Petitioner | Arjun Singh Rathore And Ors. |
Respondent | B.n. Chaturvedi And Ors. |
SCR | [2007] 11 S.C.R. 320 |
Judgement Date | 2007-10-12 |
Case Number | 4840 |
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