Seniority Of LDCs (Junior Assistant) In Panchayati Raj For Promotion Is Based On Merit, Not Appointment Date: Rajasthan High Court
Rajasthan High Court has ruled that while preparing the seniority list of the LDCs (Junior Assistants) appointed in the Panchayat Samities under the Rajasthan Panchayati Raj Act, 1994 (“Act”) and Rajasthan Panchayati Raj Rules, 1996 (“Rules”), merit position of the person should be considered and not the date of appointment when the person actually joined the duty.
“if the date of appointment/joining of a candidate is taken into consideration for preparation of the seniority list, it may lead to discrepancies and chaotic/haphazard situation. For example, if a person who stood higher in the select list/merit list and was directed to join at a particular Panchayat Samiti or Zila Parishad, but for reasons beyond his/her control, he/she is unable to join on the given date and if a person lower in merit joins the place of posting earlier to that person, he will be given seniority above the meritorious.”
The bench of Justice Vinit Kumar Mathur was hearing a petition filed by an individual who was rendering services as a LDC (Junior Assistant). When a list of seniority was prepared by the State Government (respondent) for promotions to the post of UDC (Senior Assistant) they took into consideration the appointment date instead of the merit position of the selected candidates. Hence, the petition was filed challenging the same.
It was the case of the petitioner that the seniority list needed to be prepared on the basis of merit list prepared by the District Establishment Committee at the time of appointment of LDC as per Rule 285 of the Rules and not the appointment/joining dates because the latter could vary for candidates for different reasons leading to uncertainty, unreasonableness and arbitrariness.
On the contrary, Additional Advocate General appearing for the State Government argued that even though the District Establishment Committee selects the candidates, the actual appointment order was issued by the concerned Panchayati Samiti/Zila Parishad which should be the basis for preparing seniority list.
The Court perused Section 90 of the Act on constitution and functions of the district establishment committee and certain rules in the Act relating to methods of recruitment, procedure for direct recruitment, preparation of merit list, appointment by panchayat samiti or zila parishad etc.
It was observed that these rules clearly reflected that the District Establishment Committee was the appointing authority of LDCs (junior assistant) in the Panchayati Raj Department, which does so by preparing a merit based seniority list of candidates who were considered suitable for appointment and forwarding the list to Panchayat Samities/ Zila Parishads as per requisitions received in order of the merit list.
The Court opined this procedure of selection to be most transparent to avoid different yardsticks in the selection process. Furthermore, the Court also ruled that preparing seniority list based on appointment/joining date might lead to discrepancies or haphazard situation which was never the intention of the legislature.
“therefore, the scheme of things as devised by the legislature, clearly shows that the seniority of LDC (Junior Assistant) should be assigned as per the merit list prepared by the District Establishment Committee. In the considered opinion of this court, in order to maintain transparency and smooth functioning in the Panchayati Raj Department, the procedure of preparing the seniority list on the basis of merit has been devised.”
The Court also relied upon the case of Bimla v State of Rajasthan & Ors. of the Rajasthan High Court which gave similar ruling to the effect that the basis of preparing the seniority list of the LDCs should be the merit position of the candidate reflected in the appointment order.
Accordingly, the petition was allowed and the Court directed the State Government to reframe the seniority list of the petitioner for promotion to the post of UDC (Senior Assistant) on the basis of her position in the merit list prepared by the District Establishment Committee at the time of her appointment and not the joining/appointment date.
Title: Goverdhan Kumar & Ors. v State of Rajasthan & Ors. and other related petitions
Citation: 2024 LiveLaw (Raj) 284