VidhiSangh

Supreme Court of India · 21/08/2019

GANGA VISHAN GUJRATI & ORS. versus STATE OF RAJASTHAN & ORS.

[2019] 11 S.C.R. 444 · 2019 INSC 938

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court rejected claims by Rajasthan Land Records Inspectors selected through a limited departmental examination to seniority from the earlier years in which vacancies arose. Though that route was accelerated promotion, the applicable pre-October 2014 rule fixed seniority by continuous officiation. Deeming provisions for delayed departmental promotion committees did not cover this selection. The 2014 change to recruitment-year seniority was substantive and did not govern the earlier exercise.

Issues

  1. Whether the departmental-examination route was promotion and conferred seniority from the vacancy year.
  2. Whether the 1972 or 2001 deeming provisions displaced the specific seniority rule.
  3. Whether the October 2014 amendment was clarificatory and applied to this earlier selection.

Provisions considered

Held

Result

Appeals dismissed without costs; Division Bench’s rejection of vacancy-year seniority sustained for the pre-amendment selection. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2019] 11 S.C.R. 444.