Full Judgment Text
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CASE NO.:
Special Leave Petition (civil) 12800 of 2000
PETITIONER:
STATE OF RAJASTHAN & ORS.
Vs.
RESPONDENT:
ANIL KUMAR
DATE OF JUDGMENT: 66/02/2001
BENCH:
M.B. Shah & S.N. Variava.
JUDGMENT:
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S. N. VARIAVA, J.
Leave granted.
Heard parties.
This Appeal is against an Order dated 3rd April, 2000 by
which the Appeal filed by the Appellant herein has been
dismissed in limine.
Applying Rule 28 of the Rajasthan Engineering
Subordinate Service (Public Health Branch) Rules, 1967
certain persons, who were earlier Diploma holders and who
had subsequently obtained Degrees, were placed above the
Respondent in a seniority list. The Respondent had
challenged his placement in this seniority list as prepared
by the Public Health Engineering Department, Government of
Rajasthan. The Respondent had in the petition inter alia
challenged the vires of Rule 28.
The Learned Single Judge, by an Order dated 21st
September, 1999, made the Petition absolute by holding that
the controversy was covered by a judgment of this Court in
the case of Vijay Singh Deora and Others vs. State of
Rajasthan and Another reported in 1997 (3) S.C.C. 118. The
learned single Judge did not at all consider the effect or
validity of Rule 28, which reads as follows :
"Rule 28 : - Seniority - Seniority of persons appointed
to the lowest post of the Service or lowest categories of
posts in each of the group/section of the service, as the
case may be, shall be determined from the date of
confirmation of such persons to the said posts but in
respect of persons appointed by promotion to other higher
posts in the service or other higher categories of posts in
each of the group/section in the service, as the case may
be, shall be determined from the date of their regular
selection to such posts."
In Deora’s case (supra) the applicability, effect or
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validity of Rule 28 had not been dealt with at all. In that
case seniority was not fixed on basis of this Rule. The
questions raised in this Writ Petition were therefore not
covered by that decision. The aspects raised in this
Petition should have been considered on merits. The Learned
Single judge did not consider them. Unfortunately the
Division Bench dismissed the appeal in limine. Accordingly
we set aside the impugned order and remit the matter back to
the Division Bench for consideration of the Appeal on its
merits. This being an Appeal of 1999, we hope that the High
Court shall dispose of the Appeal as expeditiously as
possible. The Appeal stands disposed of accordingly. There
shall be no order as to costs.