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Supreme Court of India 2019-08-21 dismissed

Ganga Vishan Gujrati & Ors vs State of Rajasthan & Ors

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The appellants, Government employees of Rajasthan, sought declaration and promotion with seniority from the date vacancies arose, even though no competitive examinations were held in those years. The Supreme Court upheld the High Court's dismissal of their writ petition, holding that Rule 171-A(2) governs seniority determination through continuous officiation, not vacancy date. The 1960 Rules yield to this rule. The Court found no merit in the appeals and dismissed them, noting the High Court's reasoning was consistent with statutory rules and settled law principles regarding seniority in public service promotion.", <parameter name="principles">[ "Seniority of government employees is determined by continuous officiation under applicable statutory rules, not merely by the date vacancies arose.", "When statutory rules contain conflicting provisions, opening words of a governing rule may subordinate other rules to it.", "The absence of competitive examinations in a particular year does not justify awarding seniority from the vacancy accrual date.", "Promotion rules and seniority determinations must be applied strictly in accordance with the statutory provisions in force at the material time." ]

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