STATE OF RAJASTHAN versus R. DAYAL AND ORS.

STATE OF RAJASTHAN versus R. DAYAL AND ORS.

The vacancies that arose subsequent to the amendment of the rules are required to be filled in accordance with the law existing as on the date when the vacancies arose. Appointments made after the amendment must conform to amended rules unless suitable relaxation is provided by the Government. Temporary appointments may be made pending proper selection under amended rules.

Parties
Appellant: State of Rajasthan; Respondents: R. Dayal and Others; Respondent: B.S. Bhatnagar; Respondent: H.L. Meena; Respondent: P.P. Rao; Respondent: S.V. Deshpande; Respondent: Manoj Kr. Das; Respondent: J.K. Das
Jurisdiction
India
Judgment Date
17 February 1997
Procedural Posture
Civil Appeal / Decision on Appeal
Outcome
appeal disposed of
Legal Topics
Selection for Government Service, Departmental Promotion, Application of Amended Rules
Service Law Selection for Government Service Departmental Promotion Application of Amended Rules

Case Brief

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Parties

State of Rajasthan

Appellant

R. Dayal and Others

Respondents

B.S. Bhatnagar

Respondent

H.L. Meena

Respondent

P.P. Rao

Respondent

S.V. Deshpande

Respondent

Manoj Kr. Das

Respondent

J.K. Das

Respondent

Procedural Posture

Civil Appeal / Decision on Appeal

Legal Issues

  1. 1 Whether appointments made after the amendment of rules must comply with amended rules
  2. 2 Effect of appointments to vacancies that arose after amendment of service rules

Ratio Decidendi

The vacancies that arose subsequent to the amendment of the rules are required to be filled in accordance with the law existing as on the date when the vacancies arose. Appointments made after the amendment must conform to amended rules unless suitable relaxation is provided by the Government. Temporary appointments may be made pending proper selection under amended rules.

Court Disposition

appeal disposed of

Orders

  • Government directed to constitute Departmental Promotion Committee (DPC) within eight weeks from receipt of order for fresh selection as per amended rules.
  • Impugned appointments of B.S. Bhatnagar and H.L. Meena to be treated as temporary pending proper consideration.