ARJUN SINGH RATHORE AND ORS. versus B.N. CHATURVEDI AND ORS.

Citation: [2007] 11 S.C.R. 320 · Decided: 12-10-2007 · Supreme Court of India · Bench: S.B. SINHA · Disposal: Appeal(s) allowed

Cited by 1 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

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A 
ARJUN SINGH RATHORE AND ORS. 
v. 
r
B.N. CHATURVEDI AND ORS. 
OCTOBER 12, 2007 
B 
[S.B. SINHA AND HARJIT SINGH BEDI, JJ.] 
~ 
Service law-Recruitment process-Vacancies to be filled by 
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promotion, occurring prior to the enforcement of amended Rules-
c 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 Promo:ion af Officers and others Employees) Rules, 
1988-Regional Rural Bank (Appointment and Promotion of Officers 
D and other Employees) Rules, 1998. 
When the Regional Rural Banks (Appointment and Promotion of 
f 
Officers and other Employees) Rules, 1988 were in force, 15 posts 
became available for promotion under certain category, in the Bank. 
E 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force and superseded the 1988 Rules.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 ofRajasthan v. RDayal & Or,s., respondent-Bank directed 
that the 'posts which fell vacant prior to the publication of the amended 
F 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 
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as per the 1988 Rules. Respondent Nos.1to5 filed writ petition seeking 
direction that the pro~otion to the post of Scale-II Officers be held as 
per the 1998 Rules. Single Judge of High Court dismissed the writ 
G petition. However, Division Bench allowed the writ petition. Hence the 
present appeal. 
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Allowing the appeal, the Court 
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H 
HELD: 1.1. The vacancies to be filled by promotion were to be 
320 
ARJUN SINGH RATHORE v. B.N. CHATURVEDI 
321 
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filled under the Rules which were in operation on the date when the A 
vacancies had occurred. Therefore, the vacancies which had occurred 
prior to the enforcement of the Regional Rural Bank (Appointment and 
Promotion of Officers and other Employees) Rules, 1998 had to be filled 
in under the Regional Rural Banks (Appointment and Promotion of 
Officers and other Employees) Rules, 1988 and as per the procedure B 
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laid down therein. Thus, the judgment of the Single Judge of High Court 
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is restored. [Para 6 and 7] [324-A, D-E] 
State of Rajasthan v. R.Dayal & Ors., [1997] 10 SCC 419, relied 
on. 
c 
1.2. Pursuant to the order of Division Bench the exercise for 
promotion under the 1998 Rules had been carried out and all 15 
appellants who appeared in the written examination had been declared 
successful. The result of 14 had been declared whereas the result of 
appellant No.3 had been kept in a sealed envelop as disciplinary enquiry D 
,.!, 
was pending against him. The plea that appellant no 3 had been subjected 
to a charge-sheet dated 09.11.2005 on the basis of complaint date~ 
16.6.2005, that is long after the promotions had been made under the 
1988 Rules in September 2000, and as such he too should be given the 
benefit of this judgment in so far as the promotion was concerned though E 
subject to the outcome of the proceedings against him, is 
accepted. [Para8] [324-F-H; 325-A] 
CML APPELLATE JURISDICTION : Civil Appeal No. 4840 of 
)--
... 
2007. 
F 
From the final Judgment and Order dated 18.8.2005 of the High 
Court of Judicature for Rajasthan at Jodhpur in D.B. Civil Special Appeal 
(W) No. 818 of 2002. 
M.R. Calla, Ranjeeta Rohatgi (for P.H. Parekh & Co.) for the G 
Appellants. 
....., :" 
Pramod B. Agarwala, Praveena Gautam and Raman Mishra for the 
Repondents. 
The Judgment of the Court was delivered by 
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cl 
322 
SUPREME COURT REPORTS 
[2007] 11 S.C.R. 
'{' ,. ' 
A 
HARJIT SINGH BEDI, J. 1. Leave granted. 
2. This appeal is directed against the judgment and order of the 
Division Bench of the Rajasthan High Court dated 18th August 2005 
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setting aside the judgment of the learned Single Judge thereby allowing 
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the writ petition filed by the respondents and further directing that 
promotion to the post of Scale-II Officers be held as per the Rules of 
1998. The facts leading to the filing of the appeal are as under: 
3. On 28th September 1988 the Department of Economic Affairs 
--,.. 
·(Banking Division), Ministry of Finance, Government oflndia, after 
c consultation with the National Bank for Agriculture and Rural 
Development and in exercise of the powers conferred by Section 29 of 
the Regional Rur

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