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

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

Vacancies to be filled by promotion must be governed by the rules in operation at the date the vacancies occurred, thus the 1988 Rules apply to these promotions, not the 1998 Rules.

Parties
Appellant: Arjun Singh Rathore and Ors.; Respondent: B.N. Chaturvedi and Ors.
Jurisdiction
India
Judgment Date
12 October 2007
Procedural Posture
Civil Appeal / Appeal From Division Bench Judgment of Rajasthan High Court
Outcome
Appeal allowed; judgment of Single Judge restored.
Legal Topics
Recruitment Process, Promotion, Application of Rules to Vacancies, Regional Rural Banks
Service Law Recruitment Process Promotion Application of Rules to Vacancies Regional Rural Banks

Case Brief

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Parties

Arjun Singh Rathore and Ors.

Appellant

B.N. Chaturvedi and Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From Division Bench Judgment of Rajasthan High Court

Legal Issues

  1. 1 Whether vacancies to be filled by promotion, occurring prior to amended Rules, are governed by the rules in force when vacancies occurred or by amended rules

Ratio Decidendi

Vacancies to be filled by promotion must be governed by the rules in operation at the date the vacancies occurred, thus the 1988 Rules apply to these promotions, not the 1998 Rules.

Court Disposition

Appeal allowed; judgment of Single Judge restored.

Orders

  • Vacancies which occurred prior to enforcement of the 1998 Rules must be filled under the 1988 Rules and as per the procedure laid down therein.
  • Appellant No.3, Ram Narayan Meena, is given benefit of this judgment for promotion, subject to outcome of disciplinary proceedings.