Supreme Court Dismisses Review Petition in Rajasthan Judicial Officers’ Seniority Dispute
The case of Dinesh Kumar Gupta & Anr. v. The Hon’ble High Court for Judicature of Rajasthan & Ors. revolved around the seniority dispute between judicial officers promoted in 2010 and those appointed through direct recruitment and Limited Competitive Examination (LCE) in 2013. The Supreme Court dismissed the review petitions, holding that no apparent error existed in its earlier judgment.
The ruling reaffirms that judicial promotions and appointments must be assessed based on clear procedural timelines, and a seniority claim cannot be entertained when a significant gap exists between promotions and later appointments.
Background of the Case
The dispute arose when 47 judicial officers were promoted to the cadre of District Judge in 2010, and another batch of officers was recruited through direct appointment and LCE in 2013. The petitioners argued that all 2010 promotees and 2013 appointees were part of the same selection process and that seniority should have been determined accordingly.
The Supreme Court, in an earlier judgment, ruled against the petitioners, citing that the promotions made in 2010 could not be equated with the direct recruits and LCE candidates who entered the cadre three years later.
Seeking a reconsideration, the petitioners filed review petitions before the Supreme Court.
Arguments by the Petitioner
Dinesh Kumar Gupta and others argued:
- The 47 judicial officers promoted in 2010 should be considered part of the same selection process as the 2013 direct recruits and LCE candidates.
- The Court’s conclusions in paragraphs 8, 15, and 16 of the original judgment were without basis and contrary to material placed on record.
- Observations regarding the eligibility of direct recruits were incorrect.
Arguments by the Respondent
The Rajasthan High Court and other respondents countered:
- The 2010 promotees were granted substantive promotions much earlier than the 2013 batch and could not be placed in the same seniority bracket.
- The review petition failed to establish any apparent error in the Supreme Court’s judgment.
- The Court had correctly applied the precedent set in K. Meghachandra Singh v. Ningam Siro (2020) in determining seniority.
Supreme Court’s Judgment
The Supreme Court, comprising Justices Uday Umesh Lalit and Vineet Saran, ruled:
“The persons who had entered the cadre more than three years earlier were found to be rightly placed en bloc senior to all the candidates selected through the process initiated pursuant to the notification dated 31.03.2011.”
The Court reaffirmed its earlier findings:
- The 2010 promotions were based on recommendations made by the Rajasthan High Court and followed due process.
- The 2013 direct recruits and LCE officers could not claim seniority over those promoted three years earlier.
- The reliance on K. Meghachandra Singh was appropriate, as it had overruled the decision in Union of India v. N.R. Parmar.
The Court also acknowledged a minor typographical error in its original judgment regarding the date of a Full Court meeting but held that this had no bearing on the outcome.
Accordingly, the review petitions were dismissed.
Conclusion
This ruling solidifies the principle that judicial seniority disputes must be resolved based on clear distinctions between promotion timelines and recruitment batches. The judgment ensures that promotions granted years earlier cannot be retrospectively affected by later appointments, maintaining clarity and fairness in judicial service matters.
Petitioner Name: Dinesh Kumar Gupta & Anr..Respondent Name: The Hon’ble High Court for Judicature of Rajasthan & Ors..Judgment By: Justice Uday Umesh Lalit, Justice Vineet Saran.Place Of Incident: Rajasthan.Judgment Date: 30-11-2021.
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