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

Citation: [2019] 11 S.C.R. 444 · Decided: 21-08-2019 · Supreme Court of India · Bench: D.Y. CHANDRACHUD · Disposal: Dismissed

Cited by 4 judgment(s) · cites 6 · see the full citation network in Lexace

Judgment (excerpt)

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SUPREME COURT REPORTS
[2019] 11 S.C.R.
GANGA VISHAN GUJRATI & ORS.
v.
STATE OF RAJASTHAN & ORS.
(Civil Appeal No. 6007 of  2019)
AUGUST 21, 2019
[DR. DHANANJAYA Y CHANDRACHUD AND
INDIRA BANERJEE, JJ.]
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
   [2019] 11 S.C.R. 444
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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 th

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