This case has been cited 1 times or more.
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2011-10-19 |
SERENO, J. |
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| Petitioners also erroneously insist on the application of the "next in rank" rule in claiming that they should have been appointed to the available positions after the reorganization. However, the "next in rank rule" specifically applies only to promotions and not to positions created in the course of a valid reorganization.[11] Apart from the fact that the "next in rank" rule only gives preference to the person occupying the position next in rank to a vacancy, it does not by any means give him exclusive right to be appointed to the said vacancy. Indeed, the appointing authority is vested with sufficient discretion to appoint a candidate, as long as the latter possesses the minimum qualifications under the law.[12] | |||||